December, 2006HTML

• Condominium Board Members Not Liable Where Board Made Reasonable Efforts to Accommodate Resident with Disability
  
• Appellate Division Upholds Developer's Right to Tear Down Former Party Wall

November, 2006HTML

• After Lengthy Hearing, Court Finds Insufficient Scientific Evidence of Health Problems from Residential Mold
  
• Appellate Division Provides for Condominium Unit Owners to Bring Derivative Claims Against Board Members, Managing Agent and Condominium's Accountant
  
• Landlord May Evict Non-Regulated Tenants While Converting
  Building to Condominium
  

October, 2006HTML

• Courts Hold That Second-Hand Tobacco Smoke in Building May Breach Warranty of Habitability
  
• Cooperative's Approving Apartment Sales Through Only a Single Broker Does Not Violate Antitrust Law
  
• Excessive Interest Rate in Offering Plan May Invalidate Agreement Under Usury Laws
  

September, 2006HTML

• New Noise Control Legislation Will Impact New York City Property Owners
  
• When Required, Shareholder Approval of Assessments May Be Granted Retroactively
  
• Federal Court Finds Reconstruction of Cooperative to Increase Accessibility Not Readily Achievable
  
• Reminder: Client Advisories Now Available Via E-mail
  

August, 2006HTML

• By-Law Provisions Requiring "Reasonable" Action Can Restrict Board Discretion and Lead to Litigation
  
• By-Law Provisions Govern Board Membership Eligibility, Inspection of Voting Records
  
• Appellate Division Orders Further Sanctions for Frivolous Real Estate Litigation, Notice of Pendency
  
• Legislature Further Revises LLC Publication Requirements
  

July, 2006HTML

• Ganfer & Shore, LLP Welcomes Richard A. Krauss
  
• Party Claiming Attorneys' Fees Under Lease Provision Must Assert Claim in Initial Litigation or Risk Losing It
  
• Board President Lacks Authority to Borrow Money for Building without Board Approval
  
• Board's Fine of Unit Owner for Holding Garage Sale Voided As Unauthorized by Condominium Bylaws
  

June, 2006HTML

• Court Upholds Shareholder's Ejectment from Cooperative for Objectionable Conduct Based Primarily on History of Litigation
  
• Two Recent Decisions Limit Individual Owner's or Tenant's Right to Sue to Enforce Bylaws
  
• Naming Incorrect Entity on Insurance Policy Can Forfeit Coverage
  

May, 2006HTML

• Court Disallows Neighbor's Improper Filing of Notice of Pendency Against Condominium Units and Awards Costs
  
• Real Estate Broker's Filing of Notice of Pendency Held Improper, Tortious
  
• Lender Not Required to Assign Mortgage to Save Borrower Taxes Upon Refinancing
  

April, 2006HTML

• Shareholder's Failure to Pay Maintenance Results in Substantially Greater Liability for Legal Fees
  
• Proposed City Law Would Require Cooperative Boards to Disclose Reasons for Rejecting Purchase Applications
  
• Ganfer & Shore, LLP Client Advisories Now Available Via E-mail and on the Web
  

March, 2006HTML

• Landlord May Be Liable for Contractor's Negligent Performance of Facade Work Leading to Mold Contamination
  
• New City Law Affects Building Owners' Responsibility for Graffiti
  
• Apartment Resident May Be Entitled to "Tenant in Occupancy" Status Under Offering Plan Though Not Named on Lease
  
• New Legislation Modifies Publication Requirements for Limited Liability Companies
  

February, 2006HTML

• Ganfer & Shore, LLP Welcomes New Attorneys
  
• Appellate Division Rejects Indemnification Claim Where Faulty Repairs Caused Water Leak, Mold Damage
  
• Home Inspectors in New York State Must Now Be Licensed
  

January, 2006HTML

• Individual Condominium Unit Owners Not Liable for Personal Injury Resulting from Common Area Defect
  
• Board's Withdrawal of Purchase Approval Following Purchaser's Accomodation Request Likely Discriminatory
  
• Only Board, Not President or Superintendent, May Give Approval Required Under Proprietary Lease
  
• Cooperative Board Member Denied Brokerage Commission for Leasing Space in the Building