Case Notes in
2005
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: May 2005
Arnold v. No 24 Gramercy Park Inc.The co-op had granted Arnold permission to alter his apartment and install a central air conditioning system. When the co-op board members had second thoughts about this installation, they acted as if the permission was conditional and revocable despite any evidence that this was the case. Levandusky was no defense for the board’s breach of contract liability. This was not a case where the business judgment rule could protect the board’s efforts to alter the consent. Perhaps most significantly, the decision here holds that the shareholder may recover his legal fees from the co-op because of a statutory provision in the Real Property Law for the benefit of tenants. This should give other co-op boards pause before trying to alter binding contracts with shareholders.
Read full articleFirst published: Apr 2005
Matter of Contello Towers Corporation v. New York City Department of Housing Preservation and DevelopmentThis case is one of many faced regularly by both co-op and condo boards each year in which an occupant seeks to justify keeping a pet where pets are prohibited. Since these house rules are generally permissible with some exceptions for pets protected under the New York City Pet Waiver Law (because of a continuous known presence for more than 90 days), most challenges to such rules fail. Recently, challenges have relied on disabilities or hardships to trump the prohibitions. Although a trained seeing-eye dog for a blind person would invariably be permitted under the ADA, mental depression or distress is more difficult to measure. Here, the degree of distress did not rise to a level sufficient to override the building-wide prohibition.
Read full articleFirst published: Jan 2005
Chrysikopoulos v. Soho Greene Associates LLCAs discussed above, under the clear and unambiguous terms of the purchase agreement and the offering plan, the court concluded that the sponsor was obligated to renovate the building and plaintiff’s unit, and defendants had failed to establish the existence of a triable issue of material fact as to their liability under these agreements. A trial was necessary, however, to determine the nature and extent of damages, specifically the extent to which the sponsor failed to comply with its obligations to renovate the building and plaintiff’s unit under the terms of the offering plan and the purchase agreement.
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