- "Agreements to Agree"
- "As Is" Deals
- "Time is of the Essence"
- Abuse of Power (Judicial)
- Access, generally
- Accidents, generally
- Administrative Proceedings, generally
- Adult Establishments
- Adverse Possession
- Advertising, generally
- Affordable Housing
- Agriculture & Markets Law
- Air Pistols
- Airlines, generally
- Alterations, generally
- Anatomical gifts, generally
- Animal Cruelty
- Animal Shelters, generally
- Antisocial Personality Disorder
- Appellate Division
- Appellate Term
- Arbitration, generally
- Architects, generally
- Article 78 Proceedings
- Assault, generally
- Assignments, generally
- Assumption of Risk
- Athletes, generally
- Attorney General, New York State
- Attorney-in-Fact, generally
- Attorneys' Fees
- Attorneys, generally
- Bat Bugs, generally
- Battery, generally
- Bed Bugs, generally
- Beneficiary Designations
- Broker's Commission
- Bulls, generally
- Bylaws, generally
- Cabarets
- Cars, generally
- Cats, generally
- Censures, generally
- Cigar/Cigarette Smoke, generally
- Civil Rights
- Claim Preclusion
- Code of Conduct for United States Judges
- Code of Professional Responsibility
- Commercial Tenants
- Con Edison
- Condemnation, generally
- Condominiums, generally
- Confidentiality Provisions
- Consent Forms
- Constitutional Issues
- Construction, generally
- Constructive Eviction
- Contempt, generally
- Contracts of Sale, generally
- Contracts, generally
- Conversion, generally
- Cooperatives, generally
- Copyright Law, generally
- Corporate Residential Leases
- Cosmetic Renovations
- Court of Appeals
- Courthouse Security
- Covenants Not to Compete
- Custodial Interrogations, generally
- DHCR
- Deceptive Trade Practices
- Defamation, generally
- Defaults, generally
- Demands of the Rent
- Deregulation, generally
- Disciplinary Rules
- Disclosure, generally
- Discrimination, generally
- Doctors, generally
- Dog Bites
- Dogs, generally
- Drug Holdovers
- E-mails, generally
- Easements, generally
- Elder Abuse
- Electronic Mail, generally
- Eminent Domain
- Employment Agreements
- Essays
- Estoppel Certificates
- Ethics, generally
- Events Calendar
- Experts, generally
- Extortion, generally
- False Imprisonment, generally
- Family Court, generally
- Flooding, generally
- Food, generally
- Foreclosures, generally
- Fraud, generally
- Frequent Flyer Miles
- Frivolous Litigation Conduct
- Gay Rights, generally
- Goldfish, generally
- Graffiti
- Guarantees
- Guardians ad Litem
- Guns, generally
- HPD
- Hamburgers, generally
- Harassment
- Heat
- High-Rent Vacancy Decontrol
- Holdover Proceedings
- Home Improvements
- Homeland Security
- Horses, generally
- Hospitals, generally
- Hostile Work Environments
- Hot Water
- Hotels/Motels, generally
- Identity Theft
- Illegal Evictions
- Illegal Use
- Inadequate Supervison, generally
- Incapacity, generally
- Individual Apartment Improvements (IAIs)
- Injunctions, generally
- Insurance Policies
- Intentional Infliction of Emotional Distress
- Investigators, generally
- Judges, generally
- Juries, generally
- Labor Law, generally
- Lawyers, generally
- Lease Defaults
- Libel, generally
- Licensing, generally
- Life Estates
- Life Insurance Policies
- Liquor Licenses, generally
- Lost Baggage
- Malicious Prosecution, generally
- Marriage, generally
- Mental Illness, generally
- Minors, generally
- Mitchell-Lama Buildings
- Mold, generally
- Month-to-Month Tenants
- Mortgages, generally
- Motions to Dismiss
- Moving Companies, generally
- Negligence
- New York City Department of Buildings
- New York City Department of Housing Preservation and Development
- New York City Department of Sanitation
- New York City Rent Guidelines Board
- New York City Transit Authority
- New York State Attorney General
- New York State Department of State
- New York State Division of Housing and Community Renewal (DHCR)
- New York State Division of Human Rights
- New York State Liquor Authority
- Noise
- Non-Competition/Non-Disclosure Agreements
- Nonpayment Proceedings
- Nonprimary Residence Proceedings
- Notice of Claim
- Notices to Cure
- Nuisance
- Odors, generally
- Office of Court Administration
- Options to Renew
- Owner's Use
- Parking Violations
- Paternity Disputes
- Penal Law, generally
- Penalties
- Perpetual Leases, generally
- Personal Injury
- Pests, generally
- Pets, generally
- Politics, generally
- Poster Law, New York City
- Power of Attorney, generally
- Preferential Rents
- Premises Liability
- Prevailing Party
- Privacy Rights
- Pro Se Litigants
- Professional Responsibility
- Profiteering
- Property Condition Disclosure Statement
- Property Damage
- Property Transfers
- Protective Services, generally
- Protests, generally
- Public Interest
- Punitive Damages
- Quantum Meruit
- Reasonable Accommodation
- Release Forms
- Religious Discrimination
- Renewal Options
- Renovations, generally
- Rent Control
- Rent Demands
- Rent Overcharge, generally
- Rent Stabilization
- Rent, generally
- Residential Tenants
- Restaurants, generally
- Restraints on Alienation
- Restrictive Covenants
- Reward Travel
- Roommates
- Sanctions
- School Buses, generally
- Searches and Seizures
- Security Deposits
- Self Representation
- Senior Citizens
- Settlements, generally
- Sexual Assault, generally
- Sexual Harassment, generally
- Slander, generally
- Small Claims
- Social Dancing
- Solicitation, generally
- Specific Performance
- Spoliation
- State Commission on Judicial Conduct
- Statute of Limitations
- Statutory Interpretation
- Stipulations, generally
- Strict Liability
- Structural Renovations
- Subject Matter Jurisdiction
- Subleasing, generally
- Succession Rights
- Supers, generally
- Surveys, generally
- Taxes, generally
- Teachers, generally
- Termination Notices
- Tests, generally
- Title Disputes
- Trade Secrets, generally
- Traffic Lights, generally
- Transportation Security Administration (TSA)
- Treble Damages
- Trespass, generally
- Trusts & Estates
- Undue Influence
- Unenforceable Provisions
- Union Protests, generally
- United States Court of Appeals, Second Circuit
- United States Supreme Court
- Unreasonable Restraints on Alienation
- Unsigned Agreements
- Utilities, generally
- Vacancy Decontrol
- Verdicts
- Vermin, generally
- Vibrations, generally
- Vicious Propensities
- Voter Apathy
- Waiver
- Warrants, generally
- Warranty of Habitability
- Water Leaks, generally
- Weapons, generally
- Wills, generally
- Wrongful Evictions
- Zoning
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Christian and Britt Ewen, the owners of a Manhattan condominium unit, sued their neighbors for private nuisance and negligence, because the latter engaged in "excessive smoking" which caused secondhand smoke to waft into the Ewens's home. When the New York...
Continue reading "WANNA LIGHT?" »
LIU: HUGE SWINGS IN PROPERTY ASSESSMENTS REVEAL STRING OF MISSTEPS BY DEPARTMENT OF FINANCE Audits Find DOF Failed to Warn Homeowners and Ignored Errors Made By Multi-Million Dollar, Over-Budget Computer System ****************************************** On Friday, Comptroller John C. Liu announced...
Continue reading "CITY LET COOP AND CONDO OWNERS DOWN" »
This piece appeared in the Real Estate Section of Sunday's New York Times An 82% Jump in the Rent by JAY ROMANO Q I've been renting in a New York City co-op for the last 11 years, and we've been...
Continue reading "IN THE TIMES: HOW KOSHER IS AN 82% RENT HIKE?" »
Dr. Pamela Lipkin sued her fellow cooperators--Richard and Liane Weintraub--after a renovation project went awry and damaged Lipkin's medical office. While the New York County Supreme Court thought that only the construction team was responsible for what had happened, the...
Continue reading "UPSTAIRS, DOWNSTAIRS" »
A.G. SCHNEIDERMAN LAUNCHES NEW POLICY TO STREAMLINE AND MODERNIZE OFFICE'S REAL ESTATE OVERSIGHT FUNCTIONS New Electronic Policy Will Increase Efficiencies In Transactions Between Purchasers And Developers Schneiderman: Policy Is Part Of Effort To Modernize Our Office's Oversight Of The Real...
Continue reading "OFFERING PLANS GO DIGITAL" »
The Loss of Two Civil Rights Giants: Civil Rights Lessons for Latinos By Juan Cartagena (January 22, 2012) During the very first week of the new year of 2012 came news of the loss of Robert Carter and Gordon Hirabayashi, two...
Continue reading "CIVIL RIGHTS LESSONS FOR LATINOS" »
CO-OP/CONDO TOWN HALL Co-op shareholders and condo owners face very unique and challenging issues. Join NYS Senator Jose Peralta and NYC Council Member Daniel Dromm to hear from a panel of experts on co-ops and condos! ...
Continue reading "A CO-OP/CONDO TOWN HALL" »
After a rooftop bar opened up next door, 61 W. 62 Owners Corp.--a New York City co-operative--sued to stop the noise and other disturbances generated by the establishment and its patrons. While the New York County Supreme Court dismissed the...
Continue reading "THE DAY THE MUSIC DIED?" »
Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with eviction, or is refusing to make...
Continue reading "LOOKING FOR FREE LEGAL ADVICE" »
Lydia Davies sued her co-op--1075 Concourse Tenants Corp.--claiming her son suffered harm from exposure to lead-based paint. Even though a jury found the co-op liable, the Bronx County Supreme Court granted the building's request to vacate the verdict. Because the...
Continue reading "HOME IS WHERE THE HAZARD IS" »
Michele Barton and her fellow tenants wanted to exercise an option to convert their building into a cooperative, but the building's owner--70 St. Nicholas Avenue Housing Development Fund Corporation--refused to cooperate. When litigation ensued, and the New York County Supreme...
Continue reading "HO-HO-HO!" »
Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with eviction, or is refusing to make...
Continue reading "LOOKING FOR FREE LANDLORD-TENANT ADVICE?" »
HUD CHARGES NEW YORK CO-OP AND TWO OF ITS EMPLOYEES WITH DISCRIMINATING AGAINST TENANT WITH DISABILITIESMan with disabilities denied service animal The U.S. Department of Housing and Urban Development (HUD) is charging RiverBay Corporation, a housing cooperative located in...
Continue reading "COOP CITY WASN'T COOPERATIVE " »
After Sarah Stackpole purchased a cooperative apartment to use as a medical office, she learned that the unit couldn't be legally used as a professional space and sued the law firm that represented her in connection with the purchase. (Stackpole...
Continue reading "LITTLE SHOP OF HORRORS" »
Our partner, Jarred I. Kassenoff, appeared in Sunday's New York Times Real Estate Section responding to a reader's question. Here's the piece in its entirety: Lots of Smoking in the Courtyard By: JAY ROMANO Q I'm a tenant on the...
Continue reading "IN THE TIMES: SMOKING IN THE COURTYARD" »
A.G. SCHNEIDERMAN WINS LANDMARK CASE AGAINST NYC DEVELOPER YAIR LEVY, OPENING DOOR TO MILLIONS OF DOLLARS FOR DEFRAUDED RESIDENTS Attorney General Seeks to Bar Developer From Sales & Award $7.4 Million in Restitution Levy Raided Condo Reserve Fund &...
Continue reading "YAIR LEVY DEFRAUDED INVESTORS?" »
Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with eviction, or is refusing to make...
Continue reading "WANT FREE LEGAL ADVICE?" »
COOPERATIVE APARTMENTS FOR SALE IN THE BEDFORD-STUYVESANT SECTION OF BROOKLYN Gates Avenue Co-ops, LLC is pleased to announce that Applications of Interest are now being accepted for 1- and 2-bedroom cooperative apartments located at 566 Gates Avenue in the Bedford-Stuyvesant...
Continue reading "HEAD FOR THE GATES!" »
AFFORDABLE COOPERATIVE APARTMENTS FOR SALE IN THE BRONX Via Verde Apartment Corporation is pleased to announce that applications are now being accepted for 70 cooperative apartments being constructed at 700 & 704 Brook Avenue in the Melrose Commons section of...
Continue reading "VIA VERDE" »
This piece appeared in the Real Estate Section of Sunday's New York Times Tutoring, Yes, Barbering, No Q What are the rules regarding a New York City rent-stabilized tenant who works from home? A "New York City apartments may be...
Continue reading "IN THE TIMES: ON HOME OCCUPATIONS" »
Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with eviction, or is refusing to make...
Continue reading "WANT FREE LEGAL ADVICE?" »
Vivian Kleinerman was in the process of renovating her apartment when her co-op issued a stop-work order (claiming the work hadn't been approved). In a lawsuit filed against the cooperative, Kleinerman argued that the Board's actions were retaliatory in nature...
Continue reading "REALLY SUPER?" »
Are you a tenant, owner or shareholder who wants to learn more about co-op and condo issues? If so, please join Assemblymember Linda Rosenthal and The Alliance of Condo & Co-op Owners (ACCO) for a panel discussion and public forum...
Continue reading "ROSENTHAL'S CO-OP/CONDO FORUM" »
Dear Member, A bill, Intro 188, has been introduced in the New York City Council. It would require a timely written decision on a prospective coop purchaser's completed application once it is received. We encourage you to go to the...
Continue reading "DOES REBNY HATE CO-OPS?" »
Dear Members, I am pleased to inform you that REBNY's efforts on removing the flip tax from federal lending restrictions have been successful! Yesterday, the Federal Housing Finance Agency published a proposed rule that would limit Fannie Mae,...
Continue reading "REBNY ON FLIP TAX RULE CHANGE" »
MARK WEPRIN ANNOUNCES SUCCESS ON FLIP TAX RULE CHANGE Council Member Mark S. Weprin (D-Oakland Gardens) received notification from the Federal Housing Finance Agency (FHFA) that its proposed rule on private transfer fees includes an exception for fees paid...
Continue reading "WEPRIN ON FLIP TAX RULE CHANGE" »
Due to today's inclement weather, we have decided to reschedule tonight's forum. We hope you will be able join us on February 23 (see below for more details). We apologize for the inconvenience. Please feel free to contact my office...
Continue reading "CO-OP/CONDO FORUM RESCHEDULED" »
Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with eviction, or is refusing to make...
Continue reading "LOOKING FOR FREE LEGAL ADVICE?" »
DISTRICT OFFICE • 230 West 72nd Street, Suite 2F • New York, NY 10023 • T: 212-873-6368 • F: 212-873-6520 ASSEMBLYMEMBERLINDA B. ROSENTHAL and The Alliance of Condo & Co-op Owners invites you to a CO-OP / CONDO...
Continue reading "ROSENTHAL'S COOP/CONDO FORUM" »
Cooperative and Condominium Ombudsman In response to numerous constituent complaints about the lack of a resource for co-op shareholders and condo owners to turn to for assistance in resolving issues in their buildings, I have introduced legislation to establish a...
Continue reading "LIZ KRUEGER WANTS AN OMBUDSMAN" »
Thought to be a pest of the past after DDT (dichlorodiphenyltrichloroethane) all but wiped them out after World War II, bed bugs are back ... with a vengeance. In 2009, New York City's 311-hotline recorded over 11,000 bed bug calls,...
Continue reading "GOING BED BUGGY" »
AFFORDABLE COOPERATIVE APARTMENTS FOR SALE IN MANHATTAN Calvert Lancaster Developers LLC is pleased to announce that applications are now being accepted for 22 cooperative apartments being constructed at 1885 Lexington Avenue in the East Harlem section of Manhattan. These cooperative...
Continue reading "AFFORDABLE EAST HARLEM CO-OPS FOR SALE" »
CO-OP/CONDO FORUM City Council Member Daniel Dromm, NYS Senator Jose Peralta and The Alliance of Condo & Co-op owners invite you to a Co-op/Condo Forum where you will learn about the role of the board, the role of management, shareholder & owner rights...
Continue reading "JACKSON HEIGHTS COOP/CONDO FORUM" »
After she filed a property damage suit against her cooperative, Dorr asked London Terrace Towers Owners, Inc. (LTTO) to produce certain documents related to her claim, and a number of extensions were granted to the entity for that purpose. When...
Continue reading "LTTO!" »
NEWLY CONSTRUCTED AFFORDABLE COOPERATIVE APARTMENTS FOR SALE IN BROOKLYN 775 Lafayette Avenue LLC is pleased to announce that applications are now being accepted for 82 apartments at The Shelton Cooperative, located at 775 Lafayette Avenue, Brooklyn, NY. These units will...
Continue reading "LOOKING FOR AN AFFORDABLE CO-OP IN BROOKLYN?" »
Dear Member, I again want to urge you to go to REBNY Action Center and send an e-mail to FHFA and the members of our congressional delegation opposing the proposed rule. Comments must be submitted no later than October 15,...
Continue reading "REBNY LIKES FLIP TAXES" »
Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with eviction, or is refusing to make...
Continue reading "IS YOUR LANDLORD HARASSING YOU?" »
A draft rule has been issued by the Federal Housing Finance Agency for comment that would create serious problems for Co-op and Condo buyers. The rule would prohibit Fannie Mae from purchasing loans in buildings where there is a Transfer Tax/Flip...
Continue reading "THIS COULD KILL FLIP TAXES" »
ANNA LEWIS HAS A PLAN TO BALANCE NEW YORK STATE BUDGET Candidate Intends to Strengthen Senate's Oversight and Investigative Powers Anna Lewis, Attorney, and Candidate for State Senate in New York's 31st District, has made balancing New York State's budget...
Continue reading "ANNA LEWIS HAS A PLAN" »
ATTORNEY GENERAL CUOMO BARS CONDOMINIUM DEVELOPER FROM FUTURE SALES Developer hid that one of its principals was the escrow agent, and controlled the company that certified the project's budget Under settlement all purchasers are offered the right to rescind...
Continue reading "CUOMO BARS EAST SIDE DEVELOPER" »
Hello Board Members, Managers & Friends Great news on the Coop news front! On March 22nd, 2010 the State Senate passed its proposed budget and the Senate's version of the budget DID NOT include the much maligned recording tax...
Continue reading "SENATE KIBOSHES CO-OP TAX" »
NEW AFFORDABLE COOPERATIVE UNITS FOR SALE IN BROOKLYN New Affordable One- and Two-Bedroom Cooperative Units for Sale at 566 Gates Ave Btw Tompkins & Throop Ave in Bed-Stuy Brooklyn, NY. For more information...
Continue reading "WANT SOMETHING AFFORDABLE IN BROOKLYN?" »
In Kiam v. Park & 66th Corp., Victor Kiam sued to prevent his co-op -- the Park & 66th Corporation -- from interfering with his "sun room," which he had built on his apartment's terrace some 35 years ago....
Continue reading "LET THE SUN SHINE IN!" »
Got this e-mail from a title company: New York Governor's Proposed Draft Budget Bill Includes Legislation Expanding the Scope of the Mortgage Recording Tax to Apply to Cooperatives New York Governor Paterson's Proposed Draft Budget Bill, in an "attempt...
Continue reading "EXPANDING MORTGAGE RECORDING TAXES TO CO-OPS" »
NEWLY CONSTRUCTED AFFORDABLE RESIDENTIAL COOPERATIVES FOR SALE IN BROOKLYN The Atlantic Terrace 12 Apartment Corporation is pleased to announce that applications of interest are now being accepted for 59 affordable residential cooperatives located at 212 S. Oxford Street in...
Continue reading "BUY AN AFFORDABLE BROOKLYN CO-OP" »
AFFORDABLE ENERGY EFFICIENT COOPERATIVES FOR SALE IN THE BEDFORD-STUYVESANT SECTION OF BROOKLYN Pratt Area Community Council is pleased to announce that applications are now being accepted for one- and two-bedroom cooperative units located at 566 Gates Avenue in the...
Continue reading "LIVE IN A BED-STUY CO-OP" »
COOPERATIVE APARTMENTS FOR SALE AT 29 WEST 138TH STREET IN MANHATTAN Beacon Towers Affordable Apartments consists of 54 cooperative residences with two-bedroom apartments available for income eligible homeowners. The apartments have custom-built Italian-style kitchen cabinets, energy-efficient windows, a ceramic-tiled...
Continue reading "LIVE IN BEACON TOWERS" »
Our partner, Glenn H. Spiegel was quoted in the Real Estate Section of Sunday's New York Times. Here's the piece in its entirety: September 13, 2009 Business Moves Home By SARAH MASLIN NIR WHEN Janet Bushor's roommate...
Continue reading "SPIEGEL IN THE TIMES: HOME BUSINESSES" »
COOPERATIVE APARTMENTS FOR SALE IN THE CONCOURSE SECTION OF THE BRONX The Solara is currently accepting applications for 28 one, two and three-bedroom cooperative apartments at 1259 and 1275 Grant Avenue in the Concourse Section of the Bronx. In...
Continue reading "BETTER THAN A TOYOTA?" »
Vicki and Arthur Nathanson filed a complaint with the New York State Division of Human Rights (SDHR) after their co-op board filed eviction proceedings against them. The Nathansons, who both reportedly suffered from kidney problems and depression, adopted a...
Continue reading "ISN'T THIS DEPRESSING?" »
NEWLY CONSTRUCTED AFFORDABLE CO-OP APARTMENTS FOR SALE IN THE MORRIS HEIGHTS NEIGHBORHOOD OF THE BRONX Applications are now being accepted to participate in a lottery for 48 affordable residential cooperative apartments under construction at 150 Featherbed Lane in the...
Continue reading "AFFORDABLE CO-OPS FOR SALE IN DA BRONX" »
Allison Witlow hadn't paid rent for about a year and had also stopped paying her utility bills for her Kip's Bay apartment. By December 2006, all of her belongings had been removed and another tenant leased the space. Yet, some...
Continue reading "NOT YOUR BEAUTIFUL HOUSE" »
In Lovelace v. Krauss, Carey Lovelace sued Eugene Krauss to get her $955,450 down-payment back. Like most other cooperatives, the building in which Lovelace wanted to buy an apartment required Board approval not only of the purchaser, but any...
Continue reading "DOGGY DAY?" »
In Group 88, Inc. v. AGA Capital NY, Inc., Group 88 went to a licensed mortgage broker -- AGA Capital -- for assistance with financing of a deal. But when the terms of that loan weren't as originally represented a lawsuit...
Continue reading "NO RECOVERY FOR THIS GROUP" »
CONDOMINIUM APARTMENTS FOR SALE AT 140 EDGECOMBE AVENUE IN MANHATTAN 140 Edgecombe Avenue Condominiums is a five-unit boutique condominium developed under the Homeworks Program of the NYC Department of Housing Preservation and Development. Unit 1 is being offered for...
Continue reading "THE CITY HAS CONDOS & CO-OPS FOR SALE!" »
In Alter v. Levine, Daniel Alter tried to sell his co-op to Richard Levine, but when the latter was rejected by the building's board, Alter sued to retain the $62,000 down payment. The contract of sale provided Alter could keep...
Continue reading "WOULD YOU REJECT THIS?" »
In Sassi-Lehner v. Charlton Tenants Corp., Christina Sassi-Lehner wanted a court to declare her the holder of unsold shares in a cooperative corporation and that she could "assign, sell or transfer the shares without board approval. Charlton Tenants Corp. owned...
Continue reading "WHO HOLDS UNSOLD SHARES" »
In Hopp v. Raimondi, Susan Hopp was a rent-controlled tenant who lived in the building for over forty years, even after it converted to cooperative ownership back in the 80's. In 2003, Michael Raimondi acquired the shares and proprietary...
Continue reading "RESIDENTIAL TENANT GETS YELLOWSTONE" »
In Koeppel v. 895 West End Avenue Coop. Corp, John Koeppel sued 895 West End Avenue Coop (895 WEA) to recover damages for alleged apartment related damage and efects. After the New York County Small Claims Court awarded Koeppel $5,000,...
Continue reading "CO-OP WASN'T LIABLE FOR HIS COLLAPSE" »
Last December, we looked at the case of 565 Tenant's Corp. v. Adams, an Appellate Term decision wherein a cooperative shareholder faced eviction from his apartment based on "nuisance." The underlying case was settled by way of an agreement (dated July 31,...
Continue reading "WHAT'S THE POOP WITH THE APPELLATE DIVISION?" »
In Hirschmann v. Hassapoyannes, Constantine Hassapoyannes sought to stop a cooperative corporation from withdrawing its approval of his application to purchase a unit in the building. At his board interview, Hassapoyannes agreed to abide by the coop's policy which...
Continue reading "A DISCRIMINATING COOP?" »
In 1725 York Venture v. Block, 1725 York Venture started an eviction proceeding against Michael & Nomi Block for harboring a dog in their apartment without the owner's consent. While the building was "pet-friendly," the Blocks' lease didn't allow...
Continue reading "LANDLORD'S BARK HAS NO BITE" »
Here's a free CLE that's being offered tomorrow morning (July 22, 2008) by Wells Fargo and American Land. (Sorry about the last minute nature of the invite. We just got it moments ago!) ...
Continue reading "INTO CO-OPS AND CONDOS?" »
Just in case you missed it, our partner, Lucas A. Ferrara, appeared in yesterday's (May 4, 2008) edition of the New York Post's Page Six Magazine.Of course, that isn't Lucas pictured on the front cover. You'll find him quoted on page 28...
Continue reading "LUCAS MAKES PAGE SIX!" »
Typically, "time of the essence" means that a specified performance obligation must occur on or before the date specified in the parties' agreement. Without that "mumbo jumbo," the governing deadlines contained in a contract may not be "set in stone." A...
Continue reading "WHEN TIME IS "OF THE ESSENCE"" »
In Landry v. Harris, Christopher Landry sought to evict his former girlfriend, Taquana Harris, their 3-year-old son, Azlan, and, Harris’ daughter from a prior relationship, from a Chelsea three-bedroom cooperative apartment. (Obviously, the couple’s relationship wasn't going well.)There was a case against Landry...
Continue reading "SON COULDN'T BE EVICTED" »
In 905 5th Assoc., Inc. v. 907 Corp., Dr. Pamela Lipkin sued to recover damages she sustained as a result of renovation work that had been performed by the Weintraubs, her upstairs neighbors.After granting a request made by the cooperative...
Continue reading "RENOVATION RHUBARB" »
A Manhattan condo dweller sued his fellow owners for $23.5 million in compensatory damages based upon "an alleged failure to make handicap accessible the residential condominium in which the disabled plaintiff and his wife" resided.In Pelton v. 77 Park Avenue...
Continue reading "HOW ACCOMMODATING WAS THIS?" »
In Sugarman v. Malone, Lydia Sugarman sought to secure a Manhattan cooperative apartment from her sister-in-law’s husband by way of “adverse possession.”Sugarman had lived in the apartment since 1984 with her late husband, Howard, who died in 1990. The owner of the...
Continue reading "IT AIN'T ADVERSE IF YOU OFFER TO BUY!" »
Chuck Barris - the former “Gong Show” host whose life was supposedly the subject of George Clooney’s 2002 film, “Confessions of a Dangerous Mind” -- has been the victim of the high-decibel eccentricities of his neighbor, Dorothea Weitzner, an 85 year-old...
Continue reading "WILL CHUCK'S NEIGHBOR GET EVICTED?" »
In 565 Tenant's Corp. v. Adams, a cooperative shareholder faced eviction from his apartment based on "nuisance." The underlying holdover proceeding was settled by way of an agreement (dated July 31, 2006) which provided that the tenant would "not permit...
Continue reading "WHAT'S THE POOP WITH THE APPELLATE TERM?" »
Just in case you missed it, our partner Lucas A. Ferrara was in yesterday's New York Times. In a piece, entitled "Improvements in a Rental," Lucas offered his insights on whether or not tenants may make improvements to their apartments without the...
Continue reading "LUCAS IN THE TIMES, AGAIN" »
Christopher Measom filed a lawsuit against his coop -- Greenwich & Perry Street Housing Corporation -- alleging breach of his proprietary lease.In a prior appeal, the Appellate Division, First Department, had determined that Measom's cellar apartment was not legally habitable for residential...
Continue reading "WAIVING THE STATUTE OF LIMITATIONS" »
In Hersch v DeWitt Stern Group, Inc., after his apartment burst into flames, Dennis Hersch discovered that he had also been burned by his insurance broker.In 1992, Hersch contacted the DeWitt Stern Group, Inc. and secured a policy covering his...
Continue reading "ONCE BURNED BY INSURANCE BROKER, TWICE SHY?" »
In Precision Mirror & Glass v. Dicostanzo, the Appellate Term, Second Department, reversed a Staten Island Civil Court order which granted Ben Dicostanzo summary judgment and dismissed Precision Mirror & Glass’ (PM&G) breach of contract suit.Dicostanzo entered into an agreement...
Continue reading "DEFINING "HOME IMPROVEMENT" WITH PRECISION" »
Earlier today, I received the following e-mail from a reader:You're against the Coop Disclosure Law that could create lots of real estate litigation???? What kind of lawyer are you?Seriously, though, I'm in favor of the bill. I know that both...
Continue reading ""WHAT KIND OF LAWYER ARE YOU?"" »
Prior to Joan Messner’s purchase of her penthouse apartment, her predecessor secured permission from the cooperative to enclose the terrace and convert it into a greenhouse.In Messner v. 112 E. 83rd St. Tenants Corp., Messner believed that she was entitled...
Continue reading "IS THIS A GREENHOUSE EFFECT?" »
In Breezy Point Cooperative v. Young, the Appellate Term, Second and Eleventh Judicial Districts, affirmed a summary judgment ruling, which allowed a cooperative board to end a shareholder's lease due to objectionable conduct. Young’s proprietary lease with Breezy Point Cooperative permitted termination for "objectionable...
Continue reading "OBJECTIONABLE TENANT BOOTED FROM CO-OP" »
In Cincu v. Commissioner of Labor, Viorel Cincu sought unemployment benefits after he was dismissed from his job.Cincu had worked as a doorman and concierge in a residential co-op building for almost two decades. During his final year of service, a resident entrusted...
Continue reading "DO YOU GET UNEMPLOYMENT FOR STEALING?" »
The New York State Property Disclosure Act requires a seller to provide the purchaser of a one- to four-family home with a Property Condition Disclosure Statement (PCDS). (Unimproved land, new construction, cooperative and condominium units are exempt from this requirement.)The Act instructs...
Continue reading "DON'T POOH-POOH PROPERTY DISCLOSURE" »
As we have previously reported, there continues to be a disturbing resistance by our appellate courts to award legal fees to a prevailing party, even when that reimbursement is clearly authorized by the parties' lease agreement.*Although we have already expressed our concerns about this...
Continue reading "CO-OP'S ERROR RESULTS IN DENIAL OF FEES" »
If you live in New York City, chances are that you have been subjected to a co-op board’s interminable and often arbitrary scrutiny (or know of someone that has undergone the ordeal).Potential purchasers of a cooperative apartment must usually undergo an...
Continue reading "DECLOAKING CO-OP BOARDS" »
Before a tenant will be evicted for a lease-related violation, a court will usually inquire as to whether the default was "material" or "substantial." When a breach is found to be inconsequential or "de minimis," courts will not order an...
Continue reading "WHAT IS "MATERIAL" MADE OF?" »
In Condor Funding, LLC v Miles, Condor alleged that Ginger Miles had illegally sublet her rent-stabilized apartment in order to pursue a teaching assignment in the Lone Star State.Although the tenant had formally requested the landlord's written approval of the arrangement...
Continue reading "NOT A DAY OF THE CONDOR" »
May a tenant sue a landlord for compensatory damages -- like lost income -- as a result of a landlord's unreasonable refusal to consent to a sublease?According to the Appellate Term, First Department, in Brontman v. Chatsworth Realty, the answer is...
Continue reading "NO DAMAGES FOR LANDLORD'S WITHOLDING CONSENT TO SUBLEASE" »
Noise is a bane to us all. It's often described as one of the ugly realities of urban living.But nothing is worse than having a noisy neighbor. Loud music, barking dogs, meowing cats, crying babies, incessant banging, thumps and footsteps are enough to drive...
Continue reading "BASEBALL BATS, BROOMSTICKS & INTIMIDATION, OH MY!" »
You would think that someone who has lent you money to buy a home (or other real-estate), would want their monies returned sooner rather than later or that you would have the right to pay-down all or part of a mortgage...
Continue reading "CAN A MORTGAGE BE PREPAID?" »
Just because an air conditioner (a/c) falls on you doesn't mean you'll recover for any injuries you incur. At least, that is what the outcome of Dwayne-Michael Grimaldi v. Manhattan Arms Hotel, Inc. suggests. In that case, Grimaldi was passing a Manhattan building when...
Continue reading "BEWARE OF FLYING AIR CONDITIONERS!" »
Cornluis Jennings was trapped in a building's elevator. After manually opening the door, Cornelius fell down the elevator shaft and injured himself after attempting to jump or climb out of the cab.When Cornelius later filed a negligence case, both the Bronx County Supreme...
Continue reading "MAN GETS THE SHAFT" »
James Sykes purchased a newly constructed penthouse apartment from RFD Third Avenue I Associates (RFD) for $3.9 million. Prior to closing, Sykes found a number of problems with the unit and a punchlist was provided. RFD agreed to complete the repairs...
Continue reading "SETTLEMENT MAY MAKE YOU A "PREVAILING PARTY"" »
While the interests of landlords and tenants frequently diverge, the relationship can get quite contentious when the former decide to convert existing residential structures into condominiums or cooperatives. Owners often have a financial incentive to evict existing tenants so that the...
Continue reading "NO EVICTION OF TENANTS UNDERGOING CONVERSION" »
In June 2003, Catherine Dupuis started a lawsuit against two fellow shareholders and a cooperative corporation alleging that "excessive noise" emanated from adjoining apartments and that this condition triggered a nuisance, which caused Ms. Dupuis "to become ill and partially disabled." (Ms. Dupuis sought,...
Continue reading "COOP LOSES LEGAL FEES" »
Hector Vargas, the superintendent of a Bronx apartment building, allowed his mother to live in the basement's "storage area."Not only was this use illegal (violative of the building's certificate of occupancy), but the area was not part of the first-floor apartment which...
Continue reading "DON'T STICK YOUR MOMMA IN STORAGE!" »
Most leases restrict what tenants can do within their apartments. Alterations, or other changes made without the owner's consent, are usually prohibited.By way of example, paragraph 10 of the The Real Estate Board of New York, Inc.'s "Standard Form of Apartment Lease" provides, in substantial...
Continue reading "WHY RED AND GREEN?" »
It's no fun living next to a construction site. The noise, dirt and debris can be maddening. The work can also disrupt the use and enjoyment of your space, particularly if the construction crew decides to take certain "liberties." In McMullan v. HRH Construction,...
Continue reading "DECONSTRUCT THIS!" »
On May 17, 2006, we reported on Ms. Eva Schlesinger's travails. In our piece entitled, "All About Eva," we recounted the story of a "near octogenarian" who was found to be a "nuisance" due to an "escalating pattern" of disruptive conduct. Ms. Schlesinger...
Continue reading "ALL ABOUT EVA (PART 2)" »
Why are we seeing so many adverse-possession cases in New York County, of all places?In 1804 Wash. Ave. Corp. v. Lindhe, tenant Peter Lindhe claimed an ownership entitlement to the rear year of a building owned by 1804 Washington Avenue Corp. In Lindhe's...
Continue reading "USE OF BACKYARD WAS A REVOCABLE LICENSE" »
Even when things look pretty bleak for a tenant, and an eviction is imminent, a court retains the power to vacate the warrant and can allow the tenant to remain in possession of commercial or residential space for "good cause...
Continue reading "COURT CUTS BENNIGAN'S A BREAK" »
What do you do when you suspect a tenant has permanently vacated a commercial or residential space and has left others in possession (without the landlord's consent)?Without a tenant's documented surrender, it is best to make no assumptions and to...
Continue reading "DON'T CAPITULATE: GET A SURRENDER!" »
Most people have a hard time comprehending the legal definition of the word "nuisance," and that is completely understandable. (It often confuses lots of lawyers and other real-estate professionals.)Ask a lay person to define the term and that individual is most likely going to to think...
Continue reading "NUISANCE: HELL OR HIGH WATER" »
According to Alan Schnurman, a partner at the law firm of Zalman & Schnurman, and host of the Lawline TV show, six simple words are the key to making millions in real estate.On Wednesday, March 21, 2007, Mr. Schnurman taught a master class at...
Continue reading "YOU, TOO, CAN BE A REAL ESTATE TYCOON!" »
In Dole v. 106-108 West 87th Street Owners Inc., the New York County Civil Court issued an unequivocal warning to parties in a landlord-tenant case: Do what you promised, in the way that you promised, or you'll risk getting hit...
Continue reading "NYC CO-OP MUST PAY TENANT $100K" »
New York assesses taxes on the sale or transfer of real property at varying levels depending on the nature and amount of the transaction.By way of example, when the purchase price of "residential real property" (defined as premises that are or may be...
Continue reading "HERE'S A MANSION YOU DON'T WANT!" »
There are a series of steps a landlord must take before starting a rent nonpayment case.The first hurdle is to make a demand of the rent upon the tenant.While this demand may be made "in person" (orally) or "in writing,"...
Continue reading "HOW TO GET A NONPAYMENT CASE DISMISSED" »
When it comes to small claims cases, the most you can sue for is $3000 in Town or Village Courts and $5000 in City Courts.What if you have a claim against an individual or company that exceeds that particular court's "jurisdictional limit," can...
Continue reading "NO SPLITTING ALLOWED" »
In Forty Central Park South v. Wadud -- a nonpayment case -- the New York City Civil Court refused to vacate a warrant of eviction or to relieve a tenant of the consequences of his non-compliance with a “so ordered” stipulation...
Continue reading "TENANT EVICTED FOR VIOLATING AGREEMENT" »
By state statute, known as the "warranty of habitability," all residential tenants are protected from conditions that are "dangerous, hazardous or detrimental to their life, health or safety." This law applies not only to the areas leased or rented by the tenant,...
Continue reading ""DO NOTHING" LANDLORD LOSES $17,500" »
May an owner of a New York City rent-stabilized building recover an unlimited number for of units for "owner's use?" (Yes.)Should they be allowed to do so? (We'll get to that in a minute.)In Pultz v. Economakis, the tenants of five different...
Continue reading "HOW MANY STABILIZED UNITS MAY AN OWNER RECOVER?" »
When a tenant defaults in the performance of lease-related obligations, a landlord usually reserves the right to bring that tenancy to a premature end by issuing one or more notices as may be required by the governing agreement's "default" provision.The process--also known as "exercising the conditional limitation"--typically involves two...
Continue reading "TARDY TOLL TROUNCES TENANCY" »
Banc of America Securities, LLC ("BoA") -- the tenant of a West 57th Street office building -- was having a bit of trouble a few years back. Apparently, one of its employees was engaged in "fraudulent securities practices" and the Securities and Exchange...
Continue reading "CRIMINAL ACTIVITY MUST BE REPETITIVE?" »
Superintendents are usually permitted to occupy apartments in the buildings where they work as an "incident of employment." By that we mean, in exchange for providing services to the building, these employees are provided rent-free or reduced-cost accommodations. However, without some contractual or regulatory protections in place, when that...
Continue reading "SUPER TENANT?" »
With increasing frequency, people are incurring substantial property damage or suffering from severe physical maladies as a result of mold.If you think these kinds of claims are covered by insurance, and haven't scrutinized your policy's precise wording or language, you may be woefully mistaken. More...
Continue reading "PAYBACK'S A B*TCH!" »
Our blog posts have addressed the elements of "nuisance" within the landlord-tenant context. And, as we have previously observed, in order to win this kind of dispute, a landlord must usually allege and prove that a tenant has engaged in a repetitive course...
Continue reading "NUISANCE NOTICE A NULLITY" »
Stipulations -- agreements reached within the context of litigation -- are much like any other contract and are governed by many of the same legal precepts and principles. In summary nonpayment and holdover proceedings, for example, stipulations are frequently used...
Continue reading "LANDLORD DENIED CORRECT RENT" »
Interesting stuff is happening at the Appellate Division (First Department) these days, particularly when it comes to awarding a "prevailing party" legal fees, costs and disbursements.It has long been the "American rule," that in the absence of some regulation, contractual...
Continue reading "THE NEW "AMERICAN RULE?"" »
Before a landlord may begin a nonpayment proceeding, the governing statute requires that a "demand of the rent" be made upon a tenant.* This formal request for the payment of all outstanding sums due may be in oral or written form -- unless...
Continue reading "STEP 1: MAKE A DEMAND OF THE RENT" »
Are you looking to avoid painful nicks and bumps?* Then you better read the case of W 54-7 LLC v Schick.Prior to Schick, landlords were able to argue that any defects in a predicate notice -- particularly as they related to service of that...
Continue reading "DON'T GET NICKED BY SCHICK!" »
In 501 N.Y. LLC v. Anekwe, 501 commenced a nonpayment proceeding against its tenant, Nkiru Anekwe, seeking to recover rent for the period January 2004 through May 2005. Ms. Anekwe countered that she was entitled to a rent reduction or "abatement" predicated upon the landlord's...
Continue reading "ROACHES TRIGGER 40% ABATEMENT" »
Wendnew LLC, was sued by its landlord -- The Gallery at Fulton Street, LLC -- for monetary damages arising from Wendnew's breach of its commercial lease. Within the context of a New York County Supreme Court case, the tenant disclaimed...
Continue reading "CLAIM PRECLUSION IN A SUMMARY PROCEEDING? YOU BETCHA!" »
On June 25, 2002, at the age of two, Tyrese Williams suffered second- and third-degree burns, caused by "excessively hot bath water." According to his mother, Yvonne Graham, Tyrese was allowed into the bathtub while the water was running and,...
Continue reading "140 DEGREES IS GOOD FOR YOU?" »
Typically, a "default" arises upon a party's breach or noncompliance with a contractual term or condition. And, in order to provide a corrective remedy and avoid a possible forfeiture, many agreements will usually afford the party deemed in breach with an opportunity "to cure"...
Continue reading "WHEN'S A DEFAULT, A DEFAULT?" »
Various statutory protections are in place for those tenants who are serving in the military or are dependent on those on active duty. By way of example, the Servicemembers' Civil Relief Act provides that an action or proceeding may be...
Continue reading "NO "FREE PASS" FOR SERVICEMEMBERS" »
When a regulated tenant is suspected of "living elsewhere"--no longer utilizing the apartment unit as a "primary residence"--a landlord is permitted to terminate the tenancy and seek recovery of the unit by way of an eviction proceeding known as a...
Continue reading "WHERE DO YOU PRIMARILY RESIDE?" »
According to an Appellate Division decision released last week, landlords who sexually harass their tenants--even those of the same sex--could get hit with substantial fines and penalties. In Matter of State Division of Human Rights v. Stoute, a property owner was allegedly interested...
Continue reading "LANDLORD ZONKED FOR SAME-SEX HARASSMENT" »
Ever wonder what is included in your commercial or residential space when a lease uses the word "premises?" According to the State's highest court, the definition of that term will be governed by the parties' agreement. In South Road Assoc.,...
Continue reading "WHAT'S IN YOUR PREMISES?" »
The recent $5.4 billion sale of Stuyvesant Town has heightened concerns about the diminishing number of low-cost housing within New York City. Fortuitously, Mayor Bloomberg has unveiled a plan to create a "New Housing Marketplace." Bloomberg's goal is to "ensure...
Continue reading "165,000 AFFORDABLE HOUSING UNITS BY 2013?" »
Some landlords and tenants believe that written lease agreements are to be avoided at all costs because they bind the parties to the agreed-upon time frame and impede any flexibility to end the relationship sooner should circumstances change. Many also...
Continue reading "SHOULD I SIGN A LEASE?" »
Luis Nunez was staying at a friend's apartment when the building's superintendent, Eudy Novas, allegedly knocked on the apartment door and sought entry for the purpose of delivering mail. When Nunez opened the door, Novas and three other men entered...
Continue reading "HE AIN'T SO SUPER" »
Are landlords required to provide radiator covers (in the absence of some statutory obligation or if the there is no notice given of some defect or condition that would warrant repair)? According to a decision issued by the New York...
Continue reading "LANDLORD NOT REQUIRED TO PROVIDE RADIATOR COVERS" »
Typically, a broker's commission is earned when the broker produces a buyer "ready, willing and able" to purchase the property on terms acceptable to the seller. That arrangement may be modified by a writing which provides to the contrary. And,...
Continue reading "WHEN'S A BROKER'S COMMISSION LOST?" »
What does it cost to replace 16 windows? Well, if we're talking about the presidential suite at the Four Seasons Hotel, try a whopping $300,000. In Hotel 57 LLC, dba Four Seasons Hotel New York v. Harvard Maintenance, Inc., the...
Continue reading "IMAGINE THE FOUR SEASONS WITHOUT WINDOWS" »
Last week, Bianca Jagger--international jet-setter, social activist and former spouse of Rolling Stone, Mick--almost went to jail for not paying her rent. (Apparently, Ms. Jagger gave her landlord "no satisfaction.")"Doo Doo Doo Doo Doo...."In an order filed on September 1,...
Continue reading "CONTEMPT FOR BIANCA JAGGER" »
Many purchasers prefer condominiums to cooperatives, because they believe condominiums afford owners greater flexibility to lease or sell their units. But that could not be farther from the truth. Frequently, condominiums take a highly restrictive stance on sales and leasing,...
Continue reading "CONDO MAY LIMIT LEASING AND SALES" »
After nine days without power, New York City's residential customers impacted by the recent outage may file claims seeking to recover damages "for actual losses of food spoiled due to lack of refrigeration," up to a maximum of $350. While...
Continue reading "CON ED: DID WE FORGET TO SAY, "THANK YOU?"" »
In our local papers, including today's New York Times, Kevin Burke, Chairman and Chief Executive Officer of Con Edison, has published a full-page open letter addressed to the hundreds of thousands of Queens residents who were recently without power for...
Continue reading "SHAME ON YOU, MR. BURKE!" »
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