December, 2007 HTML

• Court Dismisses Condominium Unit Owner's Claim Against Board Of Managers For Allowing Unauthorized Renovation In Upstairs Unit
• Claims By Contract Vendee Of Cooperative Apartment Upheld Against Seller, But Dismissed As Against Cooperative
• Claim For Misstating Number Of Legal Rooms In Unit Dismissed Where Purchaser Could Have Ascertained Facts

November 2007 HTML

• House-Passed Legislation Would Ease "80/20 Income Rule" For Cooperatives
• Appellate Division Clarifies That Martin Act Does Not Preclude Private Claims For Fraud Against Sponsors
• Creating Conflict of Decisions, Court Holds That Real Estate Contract Cannot Be Created By E-mail

October, 2007 HTML

• Cooperative, Not Shareholder-Tenants, Held Responsible For Repairs To "Shower Bodies"
• Condominium Board Could Not File Notice Of Pendency Based On Breach Of Warranty Litigation Against Sponsor
• Court Allows Malpractice Claim Against Attorney For FailingTo Investigate Square Footage Discrepancy

September, 2007 HTML

• Cooperative's Eviction Of Objectionable Tenant Delayed Based On Improper Service Of Notice
• Cooperative Permitted To Oust Shareholder For Numerous Instances Of Improper Behavior
• Broker And Seller Held Potentially Liable For Mistating Number Of Legal Rooms In Condominium Unit

August, 2007 HTML

• A Word To Our Clients and Friends
• Potential Late Notice Of Occurence Imperils Cooperative's Insurance Coverage
• Judge Enjoins Landlord From Bringing Civil Court Holdover Proceeding Based On Existence of "Blacklist"

July, 2007 HTML

• Court Upholds Cooperative Board's Revocation Of Approval Was Discriminatory, Orders Sale To Proceed
• Plain Language of Parties' Agreement Limited Restriction on Transfer of Air Rights
• Substance, Not Form, Held To Govern Parties' Rights In Real Estate Transaction

June, 2007 HTML

• Condominium Owner Could Evict Tenant Who Created Nuisance by Noxious Odors, Flooding
• Prospective Coop Purchaser Is Not A Third-Party Beneficiary Under Proprietary Lease, Court Rules
• Once Offering Plan Is Accepted, Martin Act Protects Tenants In Occupancy From Eviction

May, 2007 HTML

• Appellate Division Affirms Termination Of Proprietary Lease For Offensive Conduct Including Long History of Litigation
• Court Holds Cooperative Shareholder Who Acquiered Unit At A Foreclosure Sale Is Not A Holder Of Unsold Shares

April, 2007 HTML

• Cooperative Ordered To Pay Attorneys' Fees In Unsuccessful Suit Against Shareholder-Tenant
• Law Again Proposed To Require Cooperative Boards To Disclose Reasons For Rejecting Purchase Applications
• New York's "Pullman" Standard For Ousting A Cooperative Shareholder Applied At sea
• Reminder:  Client Advisories Now Available Via E-Mail

March, 2007 HTML

• Excessive Noise From Ventilation System Violated Cooperative's Warranty Of Habitability
• Federal Court Sustains New York's "Lis Pendens" Statute
• New Legislation Protects Owners of Residences Undergoing Foreclosure

February, 2007 HTML

• After Owner Serves Notice of Termination, Accepting Tenant's Rent Payment Voids Notice
• Board's Fraud Claim Against Sponsor Dismissed, But Breach Of Contract Claim Alleging Misrepresentations Allowed
• Unit Owners' Consent Was Not Required For Restoration And Repairs Of Existing Facilities

January, 2007 HTML

• Cooperative's Claims For Allegedly Unfair Refinancing Allowed To Proceed Against Board Member, Sponsor, And Lender
• Improper Notice Costs Cooperative Right To Cancel Lease And Take Possession Of Property
• Court Holds That Attorneys' Fees May Not Be Debited From Tenant Account Without Permission