The Alexander Condominium v. Admiral Indemnity Company
- P. Castel
- 1:25-cv-01507
- U.S. District Court · Southern District of New York
- 2
In The Alexander Condominium v. Admiral Indemnity Company, Judge Castel ordered proof of the condominium’s corporate status for jurisdictional review.
The Alexander Condominium must provide proof of its corporate status; the filing may affect whether the federal court can exercise diversity jurisdiction over its dispute with Admiral Indemnity Company.
What happened
The Alexander Condominium v. Admiral Indemnity Company concerns whether the condominium is a corporation for purposes of deciding whether the federal court has diversity jurisdiction. The removing party relied on an interrogatory response saying the condominium was incorporated in New York.
The court questioned that response because the entity does not use “Corp.” or “Inc.” and was not listed on the New York Secretary of State’s public website of domestic business corporations. The court explained that a condominium’s filing of a declaration does not necessarily make it a corporation, and that a noncorporate condominium takes the citizenship of its unit holders for diversity purposes.
Judge Castel ordered The Alexander Condominium to file, within 14 days, a copy of its certificate of incorporation and an affidavit confirming that the copy is authentic. The order did not decide whether diversity jurisdiction exists or resolve the underlying dispute.
The detailed version
- The Alexander Condominium v. Admiral Indemnity Company · No. 1:25-cv-01507
- P. Castel
- Apr. 14, 2025
Background
The court reviewed an amended notice of removal. The removing party asserted that The Alexander Condominium was a corporation incorporated in New York with its principal place of business in New York, relying on an interrogatory response stating that the condominium was incorporated in New York.
The court identified reasons to question the accuracy of that response. The entity calls itself “The Alexander Condominium” and does not use a term such as “Corp.” or “Inc.” Also, the New York Secretary of State’s public website listing domestic business corporations does not list The Alexander Condominium.
Jurisdictional issue
The court explained that New York law provides a process for forming a condominium that differs from the process for forming a corporation. Filing a declaration of condominium with the Secretary of State does not, by itself, transform the condominium into a corporation.
This distinction matters to diversity jurisdiction, which is a federal court’s authority to hear certain disputes between parties connected to different states. The court stated that a New York condominium that is not a corporation takes the citizenship of its unit holders when diversity jurisdiction is assessed.
Order
Within 14 days, The Alexander Condominium must file a copy of its certificate of incorporation and an affidavit attesting to the certificate’s authenticity. The opinion does not state a final determination on whether the condominium is incorporated, whether diversity jurisdiction exists, or the merits of the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.