December 2009 HTML

• Court of Appeals Ruling In Stuyvesant Town Case May Have Implications For Many Property Owners
• Parties Discussing Real Estate Transactions Should Avoid Ambiguity As To Whether They Intend A Binding Agreement
• Board Of Managers Granted Injunction Providing Access Allowing It To Assess Mold And Water Conditions

November 2009 HTML

• Venerable "Rule Against Perpetuities" Must Still Be Considered In Negotiating Leases, Agreements
• Unit Owner's Option To Acquire Any "Contiguous" Unit Includes One On The Floor Below, Court Holds
• Allowing Insurance Coverage On Premises To Lapse Held To Be "Incurable Violation " of Commercial Lease
• Cooperative Shareholders Were Entitled To Continue To Enclose Terrace For "Sun Room," Court Holds

October 2009 HTML

• Client Alert:  Condominium Must Revise Their Power of Attorney Forms
• Protection Of Business Judgment Rule May Be Unavailable Where Board Action Suffers From Conflict of Interest
• Owner's Claim For Punitive Damages Against Condominium Board Reinstated
• Environmental Control Board Announces Relief Program

September 2009 HTML

• Cooperative's Failure To Give Proper Notice To Tenant's Objectionable Conduct Thwarts Termination Of Lease
• Condominium Awarded Legal Fees In Litigation To Compel Unit Owner To Make Needed Repairs
• Tenant-Shareholder May Not Sue For Property Damage Caused By His Own Refusal To Permit Access To Apartment
• New Statute Governing Powers Of Attorney Now In Effect

August 2009 HTML

• Condominium Sponsor Prevails In Air Rights Dispute
• Three-Month Delay In Landlord's Enforcement Of "No Pets" Policy Constitutes Waiver; Knowledge Of Cooperative's Agent Is Imputed To Apartment Owners

July 2009 HTML

• Tenant-Shareholders Ordered To Remove Alterations That Were Not Duly Authorized By Cooperative Board
• Court Allows Tenant-Shareholder To Resume Construction Pursuant To Settlement Stipulation, But Upholds Alteration Agreement's Fee Provision
• Condominium's Failure To File Lien Leads To Loss Of Right To Collect Maintenance Arrears From Foreclosure Sale

June 2009 HTML

• Condominium Board Lacks Standing To Oppose Foreclosure On Individual Units, Court Holds
• Condominium Owners Must Allow Access For Board Managers To Replace Terrace Windows
• Landlord Bitten:  Tenant Recovers Damages For Bedbug Infestation
• Court Orders Trial On Whether Cooperative Or Shareholder Is Responsible For Roof Leaks

May 2009 HTML

• Condominium Board's Authority To Enter Into Construction Contract Upheld
• Purchaser Entitled To Return Of Down Payment Where Town Disallowed Condominium Ownership Of Property
• Election Of Director With Sponsor's Support Did Not Give Sponsor Improper Voting Control
• Business Entities Must Provide Updated Address Information To Secretary Of State To Avoid Risking Insurance

 April 2009 HTML

• Condominium Purchaser May Not Sue Sponsor for Omissions From Offering Plan, High Court Holds
• Court Refuses To Dismiss Condominium Owner's Claims That Board Improperly Blocked Conversion of Unit To Residential Use
• Purchaser Of Cooperative Unit Recovers Down Payment After Board Approves Purchaser But Not Her Dog

March 2009 HTML

• Court Permits Discovery To Proceed On Claim That Cooperative Board Breached Duty By Extending Lease
• Cooperative Shareholder Forfeits Subtenant's Security Deposit By Failing To Place It In An Interest-Bearing Account
• Legislature Adopts New Requirements For Powers Of Attorney; Effective Date Delayed

 
February 2009 HTML

• Appellate Division Upholds Decision Finding Insufficient Proof That Mold Caused Injuries
• Courts Look To Condominium By-Law Provisions In Resolving Election Disputes
• Purchaser Entitled To Return Of Down Payment Based On Cooperative Board's Rejection Of Application
• Ganfer & Shore, LLP Develops Creative Legal Strategy For Condominium Victimized By Fraudulent Scheme

January 2009 HTML

• Tenants Whose Unregulated Leases Have Expired Held Not To Be "Tenants In Ocuppancy" Protected From Conversion
• Breach Of Developer's Promise That Purchaser's Unit Would Overlook Golf Course Creates Claim For Fraud
• New Tenant Lacks Standing To Challenge Prior Conversion Of Building To Cooperative Ownership