The Specifics of Search Success…

Addressing the specific and unique needs of today’s niche community of New York's co-op and condo professionals, Case Law Tracker does the heavy lifting—combing through and drawing out the cases most relevant to your needs.

Case Summaries

Focusing only on co-op and condo cases, practicing attorneys in this field prepare case summaries and useful takeaways - helping you understand what the case is about so you can quickly determine if it benefits you.

Case View

Our Quick View feature enables you to instantly determine if the case is relevant to your needs and provides you with a fast click to the full details of the case including judges, case history, as well as an active slip op link to related court documents.

Monthly Digest & Monthly Advance Sheet

A pdf Digest of all co-op/condo cases added to the database is emailed monthly to you. Plus, to keep you up to date on what the courts have most recently decided, you'll receive, monthly, an Advance Sheet with case names, decision and docket links, judges, and brief decision excerpts.

Searchable Database

Speeding you to exactly what you need, our robust search offers: a simple quick search; dropdown menus to refine that search; and powerful filtering capability that lets you drill down even further by court, judge, residence, tag, and date.

Advisory Panel

Our experienced advisory committee, comprised of industry-specific experts who truly understand the issues that matter to you, write the case summaries. They know what you need to know and help you get to that information as quickly and easily as possible.

Case Watch

Emailed twice-monthly, Case Watch focus on providing insight on one particularly relevant case—clearly explaining what happened, why it’s important, and what lessons can be learned within. Case Watch reaches two audiences: lawyers who subscribe to the Co-op & Condo Case Law Tracker and Habitat Magazine subscribers (co-op and condo board directors, property managers and other industry professionals).

Case Notes See all

Case Notes provides insight on one particularly relevant co-op or condo case—clearly explaining what happened, why it’s important, and what lessons can be learned within.

First published: Jul 2022
Bd. Of Mgrs. Of 207-209 E. 120th St. Condo. V. Dougan

This case is a stark reminder to condominiums that many of their bylaws do not provide the right for the condominium to recover attorney’s fees when a unit owner defaults on a non-monetary obligation. Boards should look to amend these provisions to allow for legal fee recovery since there are many common situations where a condominium board is forced to bring action to enjoin a non-monetary default (unauthorized alterations, illegal use, unreasonable noise, and short-term rentals are just a few).

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First published: Jul 2022
295 Greenwich Court Condominium, LLC. V. Consolidated Edison Company of New York, Inc.

This case illustrates why property damage claims usually go to trial if they’re not settled. The cause and scope of damage is a factual question. The plaintiff makes fact-based arguments to show how the other party caused the damage, and the defendant makes fact-based claims why they were not responsible for the damage. Unless the court deems that one party had no legal duty (or had an unbreakable legal duty) to the other, or the evidence on one side is overwhelming, the court will usually elect to have a jury (or the court) weigh the credibility of the competing claimants at a trial, rather than making a judgment based on depositions and documents alone. These cases can last for several years, draining the resources of a condominium or co-op and negatively affecting owners’ ability to sell or obtain mortgages in the interim. Even though many of these claims have a basis in fact, boards need to weigh the unintended consequences on the community before making them.

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First published: Jun 2022
Yoonoak Kang V. Douglas Elliman Property Management

Managing agents are often treated like pin cushions, and over the last several years their jobs have been made even harder with increasing city regulations on everything from caps on gas stoves to sorting out who is and isn’t eligible to receive tax abatements. Here, the managing agent did nothing wrong, but had to incur the time and aggravation to deal with a disgruntled owner whose records were unclear regarding the location of her primary residence.

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