Cooperative and Condominium Law

• Cooperative and Condominium

  • 511 West 232nd Owners Corp. v. Jennifer Realty Co., 98 N.Y.2d 144 (2002)(appeal from motion to dismiss action compelling sponsor/developer to sell unsold shares)
  • Lenox Grand Condominium v. DSW Lenox LLC, 111 A.D.3d 467 (1st Dep’t 2013)(successful appeal to collect unpaid common charges from delinquent owner of commercial condominium units)
  • Glenridge Mews Condominium v. Kavi, 90 A.D.3d 604 (2d Dep’t 2011)(won appeal of order denying full legal fees and expenses incurred in condominium foreclosure action)
  • Katz v. 251 West 91st Street Corp., 215 A.D.2d 265 (1st Dep’t 1995)(successful appeal to enforce cooperative rule prohibiting planters on private terraces that could damage building’s roof)

• Cooperative and Condominium

  • P360 Spaces LLC v. Orlando, N.Y. Slip Op 02749 2018, WL 1914936 (1st Dept. 2018), (Commercial Condominium Unit Owner’s right to exclusive use of Limited Common Element)
  • Vista Development Corp. v. The Board of Managers of Diocesan Missionary, 135 A.D.3d 559, 25 N.Y.S.3d 73 (1st Dept. 2016) (Right to retain downpayment when purchaser does not close at “time of the essence” Closing)
  • Darnet Realty Assoc. L.L.C. v. 136 East 56th St. Owners, Inc., 153 F.3d 79 (U.S. Ct. of App. 2d Circ., 1998); (Premature service of Notice to Terminate Commercial Lease under Condominium and Cooperative Conversion Protection and Abuse Relief Act.)
  • Darnet Realty Assoc., LLC v 136 E. 56th St. Owners, Inc., 246 AD2d 312, 668 N.Y.S.2d 156 (1st Dept. 1998) (Landlord may not assert claim against or lien other assets of tenant where there is an express “non-recourse” provision in a commercial lease.)
  • In Re 234-6 West 22nd St. Corp., 214 B.R. 751, 31 Bankr. Ct. Dec. 992 (Bankr S.D.N.Y. 1997) (Bad faith Chapter 11 filing of single asset real estate and lifting automatic stay)
  • Zimiles v. Hotel Des Artistes, Inc., 216 A.D.2d 45, 627 N.Y.S.2d 382 (1st Dept. 1995) (Unauthorized imposition of a sublet surcharge)