N.Y. Condominium Owner Told to Bring Mandamus, Not Contract Action

NEW YORK - A New York trial court has dismissed condominium owners' breach-of-contract claims against the building's managing board, saying the proper remedy is a mandamus action. Brasseur v. Speranza, No. 102949/04 (N.Y. Sup., N.Y. Cty.).

Michael and Rebecca Brasseur brought an action against Joe Speranza and other individual members of their condo board, alleging that leaks and mold in their penthouse apartment unit were the result of the board's failure to maintain the building's roof and other common areas. The Brasseurs also alleged breach of fiduciary duty and other wrongdoing unrelated to the mold claims.

The Brasseurs said …