December, 2005 HTML

• Dismissal and Sanctions Affirmed for Attempt to Force Sale of Realty Despite Absence of Contract
  
• Cooperative's Bylaws May Require That All Board Members Be Shareholders and Residents
  
• New York City Land Owners Liable to Maintain and Repair Adjoining Sidewalks
  

November, 2005 HTML

• Court of Appeals Holds That Married Couple May Have Two Separate Primary Residences
  
• Court Refuses to Block Sale of Cooperative While Discrimination Litigation Is Pending
  
• More Guidance on Rights of Holders of Unsold Shares
  

October, 2005 HTML

• Cooperative Board's Rule Held to Discriminate Against Unmarried Couples
  
• Appellate Decision Reaffirms Board's Right to Enforce Lease Provision on Subletting
  
• Buildings Should Review Insurance Coverage for Flooding, Water Damage, and Related Perils
  

September, 2005 HTML

• Another Decision Upholding Board's Authority to Terminate Disruptive Shareholder's Proprietary Lease
  
• Cooperative Should Be Careful Not to Waive Rights If Authorized Co-Occupant Remains While Owner Departs
  
• Board-Approved Building-Wide Renovations Do Not Breach Warranty of Habitability
  

August, 2005 HTML

• Cooperatives and Tenants Must Consider Rights of Lenders in Litigating and Settling Disputes
  
• Lender Not Entitled to Sell Cooperative Shares to Recoup Legal Fees That Court Finds Are Not Owed
  
• New Bankruptcy Legislation Benefits Cooperatives, Condominiums, and Landlords
  

July, 2005 HTML

• Governing Documents, Not Attorney General's Rules, Determine Who Is a Holder of Unsold Shares
  
• Condominium May Limit Purchases of Certain Units to Existing Residents
  
• Bylaw Disclaiming Responsibility for Maintaining Pipes and Windows Helps Condominium Avoid Liability
  

June, 2005 HTML

• Appellate Division Holds Three-Year Time Limitation Applies to Claim Arising from N.Y.C. Administrative Code
  
• State Law Requires Landlords to Allow Tenants to Operate Day Care Centers in Apartments
  
• Discovery to Proceed on Claim That Board Discriminated in Disapproving Shareholders' Application to Buy Apartment
  

May, 2005 HTML

• Discovery Disallowed in Summary Proceedings Even When Validity of Cooperative Assessment Is Disputed
  
• Building Sale May Be Lost by Failure to Ensure That All Violations Against Building Are Resolved
  
• Board Must Establish That Shareholder Breached Obligations Before Recovering Its Attorneys' Fees
  

April, 2005 HTML

• Court Decision Emphasizes Importance of Clear Written Agreements Between Landlord and Tenants
  
• Recent Case Creates Uncertainty Concerning Requesting Tenants' Social Security Numbers
  
• Borrowers Should Insist on Recording Satisfaction of Mortgage When Loan Is Repaid or Property Transferred
  

March, 2005 HTML

• Trial Required on Whether Board Must Allow Shareholder with a Disability to Install Modified Windows
  
• Dismissal of Challenges to City's New Lead Paint Law Upheld
  

February, 2005 HTML

• The Board's Power Under the Business Judgment Rule
  

January, 2005 HTML

• Liability for Mold-Related Injuries May Arise from Landlord's Awareness of Leaks
  
• Bulk Cable Television Service Contract Held Beyond Board's Authority
  
• Tax Escalation Clause Held Binding Despite Allegedly Incorrect Proportional Share