Summary Judgment Standard when Written Instrument Reasonably Susceptible to Different Interpretations

In a recent dispute between a condominium unit owner and condominium association, an issue arose as to which party was responsible for the abatement of asbestos in the unit owner’s interior ceiling.  While the unit owner was responsible for the interior ceiling, the association was responsible for incidental damage caused by performing repairs to the common elements. Here, there was evidence that the issue with asbestos abatement was caused during the association’s common element repair work which required it to remove parts of the owner's interior ceiling. The association claimed the unit owner needed to bear the costs to abate...

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