December 2008 HTML

•  Injunction Against Closing Of Cooperative Purchase Denied; Purchaser Must Proceed To Close Or Forfeit Down Payment 
• Sellers Of Cooperative Apartment Allowed To Retain Down Payment Following Purchaser's Death
• Title Insurance Alert:  Bankruptcy of Land America Financial Group, Inc.

November 2008 HTML

• Boards And Landlords Should Instruct Building Personnel How To Respond When Police Seek Access To Residents
• Appeals Court Upholds New York's "Notice of Pendency" Statute And Procedures

October 2008 HTML

• Condominium Board's Right To Sue Sponsor's Architect For Faulty Design Work Upheld
• Court Decisions Provide Guidance On Who Is A "Holder Of Unsold Shares"

September 2008 HTML

• Maintenance Payments Due To Cooperative Abated As Shareholder's Apartment Is Found Uninhabitable, But Claims Against Individual Board Members Dismissed
• New Department Of Buildings Department Requirements For Work Permits Will Impact Cooperative And Condominium Boards
• Property Owners Can Prevent Unwanted Ads From Littering Premises
• Tax Abatement For "Green Roofs" In New York City

• Another Appellate Court Permits Condominium Purchases To Bring Fraud And Contract Claims Against Sponsor
• Surrogate Directs Sale Of Cooperative Apartment After Board Refuses To Permit Transfer To Trust
• Board's Discretion To Reject Occupancy Of Cooperative By Trust's Designee Upheld
• Under Proprietary Leases, Owner Of Adjoining Unit Has Sole Right To Use Terrace

July 2008 HTML   

• Appellate Division Decision Reaffirms Need To Properly Adopt And Document Flip Tax Policies
• Condominium Could Not Avoid Complying With Court-Ordered Stipulation By Amending By-Laws
• Owners's Agreement To Pay Portion Of Sale Proceeds To Condominium Held Valid
• Court Decision Ordering Cooperative Board To Approve Sale Of Apartment To Disabled Person Affirmed
• Property Owners And Managers Should Ensure That All Open Fire Code Violations Are Resolved

June 2008 HTML

• Ganfer & Shore, LLP Welcomes David M. Perlmutter 
• Flip Tax Adopted Without Required Shareholder Approval Held Invalid
• Landlord May Have Assumed Enhanced Duty To Protect Tenants By Installing Security Cameras

May 2008 HTML

• Ganfer & Shore, LLP To Present Breakfast Seminar On Real Estate Issues
• Condominium Owner's Suit Alleging Mold Contamination Of Units Dismissed
• Shareholder's Suit Against Cooperative For Disaproval Of Proposed Sale Dismissed
• Beware Of A New Cooperative-Related Scam

April 2008 HTML

• Court Authorizes Eviction Of Tenant For  "Collyer-Type" Conditions In Apartment
• Board's Alleged Failure To Repair Terrace Was "Continuing Wrong" Under Statue Of Limitations
• Buyer's Claims Against Selling Agents Dismissed Where Offering Plan Described Units Accurately

March, 2008 HTML

• Attorneys' Fee Provision In Proprietary Lease Not Applicable To Sublease Absent Sublessee's Agreement
• Condominium Unit Owners Could Sue Engineer Where Representations Were Made For Benefit Of Future Owners
• Cooperative Barred From Enforcing $3,500 Judgment By Executing On Shareholder-Tenant's Apartment 

February, 2008  HTML

• Court Upholds Cooperative's Termination Of Shareholder's Lease For Screaming, Harassment
• Condominium By-Laws Required Unit Owner To Indemnify Condominium Against Injury Claim
• Court Holds That Rental Tenants Lack Standing To Challenge Attorney General's Approval Of Non-Eviction Offering Plan

January, 2008 HTML

• Ganfer & Shore, LLP Welcomes Matthew J. Leeds
• New Statue Eases Burden Of "80/20 Rule" On Cooperatives
• Waiver Of Right To Sublet By Holder Of Unsold Shares Does Not Automatically Waive Holder's Other Rights