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Verdicts by Practice Area: Surgical SIU | LOP

Case:
Gladys Torres v. Mazal Investments 21, LLC and Coral Gate West Condominium Association, Inc.
Practice Area:
Condo Association Claims
Attorney(s):
Rosinsky, David L.
Plaintiff Counsel:
Law Offices of Lewis & Guerrero, P.A. (Stephen Lewis)
Result:
Dismissal
Summary:
This action involved a claim for alleged housing discrimination for refusal to provide a reasonable accommodation to a person with a disability relating to an emotional support animal, in violation of Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. Sections 3601-3619 (“Fair Housing Act”) and Florida Statutes Section 760.20, et seq. (“Florida Fair Housing Act”). Our client, Mazal Investments 21, LLC, leased an apartment to Plaintiff in a condominium building. The co-defendant, Association, has a no pet rule. Shortly after moving in, the Association discovered Plaintiff had a dog and threatened to bring eviction proceedings against her. Our client had no objection to her emotional support animal as Plaintiff provided documentation for the reasonable accommodation. Our client then forwarded the documentation to the Association for approval. Plaintiff alleged that, despite being advised that her dog was an emotional support animal and being provided with supporting documentation, the Association refused to grant the accommodation. In addition, Plaintiff alleged that the Association’s staff confronted her several times insisting that the dog be removed from the property or face eviction. After completing the depositions of Association’s Board President and management supervisor and establishing that our client did not engage in any housing discrimination practices, Plaintiff voluntarily dismissed the claims against our client. Read More
Case:
Reid v. Whitehall Condominium of Pine Island Ridge II Association, Inc.
Practice Area:
Home Owners Association and Condo Association
Attorney(s):
Rosinsky, David L.
Result:
Voluntary Dismissal with Prejudice
Summary:

Fort Lauderdale Senior Partner David Rosinsky, Esq., obtained a favorable result in condo association claim when Plaintiff voluntarily dismissed the action 30 days before trial to avoid a judgment and possible lien on her unit. Plaintiff condo owner claimed the Association failed to maintain the common elements and caused water intrusion into her unit. Plaintiff had new hurricane impact windows installed in her unit in November 2016, which subsequently began to leak in January 2019 due to improper installation. Plaintiff was insistent that it was caused by a roof leak even though her unit was located on the third floor of a four story building and the water entered through her windows. She also speculated that it was caused by power washing of the building when water purportedly came in through her windows three days after the building was power washed. Plaintiff was seeking to recover over $100,000.00 for alleged damages and fees. Plaintiff failed to produce any evidence supporting her claims. A pre-suit offer of settlement was made by the carrier and a Proposal for Settlement was served at the beginning of the case, which were rejected. Her attorney subsequently withdrew as counsel. We had an MSJ pending when Plaintiff hired new counsel. Case was set for trial January 18, 2022. Plaintiff voluntarily dismissed the action 30 days before trial to avoid a judgment and possible lien on her unit.