Legal Decisions…Simplified and Specific.
A distinguished panel of New York co-op/condo attorneys analyze recent NY co-op/condo decisions. Subscribers receive a monthly PDF Digest of these case summaries and takeaways, an Advance Sheet of co-op/condo court cases recently decided, and access to the searchable Tracker database.
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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.
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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.
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Advisory Panel
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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: May 2025
It Snowballed with “Snowball”TAKEAWAY The story took a significant turn when an appellate court stepped in and ruled that the co-op couldn't simply kick Zelmanovich out of her apartment without first allowing the court to properly examine the facts. The higher court said that before any eviction could proceed, there needed to be a real determination about two key questions: Was Snowball's barking actually as disruptive as the co-op claimed? And did the co-op illegally discriminate against Zelmanovich? This case highlights an important issue that co-op boards should consider: Is it appropriate to try to evict a longtime resident when, as appears to be the situation here, all the complaints are coming from just one neighbor? There's another troubling aspect to this story. When Zelmanovich told the co-op that Snowball was her emotional support animal — meaning she needed the dog as a reasonable accommodation animal — the co-op and Zelmanovich should have communicated in an attempt to come to some kind of compromise or accommodation. Instead, it seems like both sides dug in their heels without really trying to solve the problem. Now, four years after this whole ordeal began - what started as a simple complaint about a barking dog — the legal battle shows no signs of ending. A case that might have been resolved through communication and goodwill has instead turned into a prolonged court fight that continues to drag on.
Read full articleFirst published: May 2025
You Can’t “Slapp” Them DownTAKEAWAY Most co-op and condo boards, management companies, and board attorneys are familiar with shareholders or unit owners who incessantly complain about everything to do with how the co-op or condo is being operated. Sometimes those complaints have merit; often, however, the complaints lack foundation or any sense of proportionality. In this case, it is clear that the sponsor and condo board believed that the couple (and especially the husband) had crossed the line from legitimate, fair, and productive criticism to toxic, antisocial, and indefensible behavior. However, what the plaintiffs failed to recognize in time is that in New York, when individuals criticize management about matters of public interest (a broad concept that encompasses co-op and condo affairs), litigation should not be used as a tool to silence those voices unless very stringent pleading and evidentiary requirements can be met from the outset.
Read full articleFirst published: May 2025
Whose Water Bills Are You Paying?TAKEAWAY Boards should ensure strict compliance with bylaw provisions relating to sub-metering and billing practices, especially when commercial units are involved. Consider what typically happens: A board may assume that sub-meters are functioning properly, bills are allocated correctly, and that everyone understands their responsibilities. Then reality strikes. The commercial unit on the ground floor had been drawing extraordinary water usage for years without proper accounting, and the board came to the belated realization that the residential owners had been unwittingly subsidizing a business operation. Boards and managing agents should periodically walk the building, clipboard in hand, and verify that every required submeter isn't just installed but actually working. Additionally, any general releases that seem to resolve today's construction disputes could unexpectedly complicate tomorrow's billing disagreement, so it is a best practice to have those carefully reviewed by a professional to ensure clarity regarding future liabilities, and avoid unintended implications for unrelated or future claims.
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