Case Notes in
Balcony/Terrace Rights
Category
- Access
- Alterations
- Arbitration
- Assessment
- Attorney Fees
- Attorney-Client
- Authority to Sue
- Balcony/Terrace Rights
- Bike Lane
- Books and Records
- Breach of Lease
- Business Judgment Rule
- Bylaws
- Bylaws/House Rules
- Certificate of Occupancy
- Charges/Fees
- Commercial Unit
- Common Element
- Common Elements
- Companion Animal
- Constitutionality
- Construction Defects
- Contracts
- Conversion
- Defamation
- Discovery
- Discrimination
- Due Diligence
- Easement
- Elections
- Estate
- Eviction
- Eviction/Termination
- Fiduciary Duty
- Fines
- Foreclosure
- 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
- 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: Sep 2004
360 East 72nd Street Owners Incorporated v. RutterAlthough this case was decided in favor of the co-op, the board may have merely won the first battle in a protracted war over the use of the terrace. From the list of counterclaims asserted by the shareholders, there are other issues to be resolved by the courts. While the court stopped the ball-playing for the moment, it is likely that this decision will be challenged in the future.
Read full articleFirst published: Apr 2003
Gramercy Park Residence Corp. v. EllmanThis was a victory for the co-op, which obtained all the relief it sought in light of the shareholder's intransigence to allow needed repairs. One must wonder what impelled this shareholder to resist legitimate board action. Perhaps poor legal advice?
Read full articleFirst published: Nov 2002
Mariaux v. Turtle Bay Towers Corp.As is customary in most New York metropolitan area co-op proprietary leases, responsibility for terrace repairs is specified either to belong to the co-op or the shareholder of the apartment that enjoys exclusive use of the terrace. In this case, the lease was quite clear that responsibility for such repairs was assigned to the shareholders. An effort to challenge this result failed here and the board's right to enforce the lease provisions was reinforced by the landmark 1990 Levandusky case, which requires courts to give broad deference to board decisions when adhering to the Business Judgment Rule.
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