New Yorkers are a resourceful bunch—we pride ourselves on being able to snag a cab during rush hour, get from the Upper West Side to Greenpoint in less than three subway transfers, and show no fear as we battle the crowd at a hot design…
Abraham Lincoln once said, “Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker, the lawyer has superior opportunity of being a good man. There will still be business enough.” Certain…
New York's co-ops and condos are both governed by a multitude of laws and rules. For co-ops, the primary governing documents are the bylaws and the proprietary lease. For condos, they are the condominium declaration and, once again, the…
Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc., involving a shareholder in The Dakota, a historic luxury co-op on the Upper West Side, held that the business judgment rule does not protect individual con…
In today’s economy, co-ops and condos are looking for ways to cut costs wherever they can, and many are turning to examining their legal bills. The problem is two-fold: first off, you don’t want to compromise your relationship with your…
When co-op and condo owners plan their will, or a prenuptial agreement, their condo or co-op unit naturally comes into play as an important asset. Often, it’s no problem—the owner leaves the apartment to his or her spouse. It’s especiall…
In a recent case that will be of interest to anyone who has ever wanted to bang on the wall between his or her apartment and the one next door and shout at the neighbors to keep it down, the New York Supreme Court found insufficient ev…
A leaking pool, a wall in need of repair, a faulty exhaust system, chimney and furnace repairs… Who’s responsible for fixing them? Generally, most leases provide that “structural” repairs are the landlord’s responsibility and that “nonst…
Individual cooperative board members scored a major victory recently in the case of Weinreb v. 37 Apartments Corp., et al, an appellate court decision that relieved them of certain responsibilities when it comes to shareholders' propos…
They say there are eight million stories in the naked city, and when you’re an attorney working for a co-op or condo in New York, you may find that some of the best of them are happening to you. While some may think that handli…