Opinion
November 13, 1997
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The court properly found that collateral estoppel was inapplicable since, unlike the earlier lawsuit brought by the condominium association for the alleged defective construction of a residential condominium complex, in which it sought repairs to the inside of the units affected and the outside facade of the building, plaintiffs in the present action seek to recover for the damage that their individual unit suffered as result of the building's defects (see, Ryan v. New York Tel. Co., 62 N.Y.2d 494). Although plaintiffs were members of the condominium association that entered into a settlement agreement with defendants in the prior action with respect to repairs of the construction defects, this did not preclude the instant action. The settlement did not dispose of condominium owners' individual property damage claims, and, in any event, the association lacked authority to settle such individual claims ( see, Real Property Law § 339-dd). We have considered defendants' remaining contentions and find them to be without merit.
Concur — Rosenberger, J. P., Nardelli, Andrias and Colabella, JJ.