Case Notes in
Discrimination
Category
- Access
- Alterations
- Appeals
- Arbitration
- Assessment
- Attorney Fees
- Attorney-Client
- Authority to Sue
- Balcony/Terrace Rights
- Bike Lane
- Board of Directors
- Books and Records
- Breach of Lease
- Business Judgment Rule
- Bylaws
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- Commercial Unit
- Common Element
- Common Elements
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- Constitutionality
- Construction Defects
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- Defamation
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- Discrimination
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- Easement
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- Eviction/Termination
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- Fraud
- Governance
- Gym
- House Rules
- Indemnification
- Indemnification/Subrogation
- Injunction
- Insurance
- Labor Law
- Liability of Directors
- Licenses
- Liens
- Maintenance
- Malpractice
- Management
- Mechanic's Lien
- Misrepresentations
- Motion Practice
- Motion Practive
- Negligence
- Notice of Pendency
- Nuisance
- Occupancy Agreement
- Ownership
- Parking
- Partnership
- Personal Injury
- Pets
- Property Damage
- Proprietary Lease
- Reasonableness
- Receivership
- Release
- Repairs
- Representations
- Sales
- Sponsor
- Statute of Limitations
- Stock/Shares
- Stocks/Shares
- Sublets
- Succession Rights
- Tax
- Third-Party Liability
- Transfers
- Trespassing
- Trial Practice
- Violations
- Warranty of Habitability
- Yellowstone Injunction
- Zoning
First published: Oct 2007
Hirschmann vs. HassapoyannesThis co-op board appears to be in trouble and without a good basis to justify its withdrawal of its approval of the purchase applications. This is a case where sound legal counsel before the board withdrew its approval might have led to a different result and less liability exposure for the board members involved.
Read full articleFirst published: Dec 2005
Latoni vs. Sherman Square Realty Corp.The case is not the last word on this matter and the results may change after discovery is permitted. However, it illustrates the plight of individual board members in considering apartment transfer applications. Without good legal advice, it is not difficult to run afoul of statutory prohibitions on discrimination against protected classes of individuals.
Read full articleFirst published: Oct 2002
Steele v. 400 East 77th Street Corp.This is the latest illustration of what a co-op board can face when it rejects an apartment purchaser who is a member of a protected class, who then claims that such rejection was based on improper discrimination. In this case, where the board set forth permissible grounds to justify the rejection, the court was unwilling to accept such grounds to dismiss the discrimination claim. Instead, the court ordered pretrial discovery to afford the plaintiffs an opportunity to refute the co-op's position. Thus, the claim remains and the co-op is forced to incur further defense costs.
Read full articleFirst published: Jan 2002
Axelrod v. 400 Owners Corp.Although this case did not reach a final determination, the court allowed a claim for age discrimination to proceed against a co-op. The case illustrates that age discrimination, which is protected by both city and state laws, if proven, is just as invidious as racial, religious, or sexual discrimination. Here, the plaintiff still had to convince either a judge or a jury that the two rejections were based on age discrimination.
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