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05.20.22

Recent court decisions impacting cooperatives and condominiums in New York

By Richard J. Shore

Over the last six months, I have been contributing monthly case summaries of recent court decisions to the Co-op & Condo Case Law Tracker Digest. These case summaries impact not only cooperative and condominium law, but also have wide-ranging impact and provide helpful analysis on issues under the New York Business Corporation Law, Commercial Lease disputes, the Martin Act, HSTPA, and under the CPLR. It is important that sponsors, building owners, boards, shareholders, and tenants are aware of the outcomes of recent cases, as they could adversely impact and guide conduct if and when similar issues arise. We are available to help you navigate these and other recent case law developments that might affect your organization.

My case summaries cover recent court decisions relating to the following topics:

  • Shareholder’s Claims Survived Motion to Dismiss, But Were Ultimately Barred by Res Judicata
  • Sponsor’s Petition Against Holdover Tenant Failed to Allege Tenant’s Martin Act Protections
  • Delinquency of Commercial Unit Owner Warranted Appointment of Temporary Receiver
  • Did Condo Buyers Try to Get Out of Purchase Due to Pandemic?
  • Condo Not Entitled to Common Charges During Unit Owner’s Case Against It
  • Co-op Seller Didn’t Vacate Apartment Before Closing
  • Unit Owner’s Leak Claims Against Condo Fail in the Face of Expert Testimony
  • Supplier Delay No Excuse for Failure to Timely Deliver Contracted-for Gym Equipment
  • HSTPA and Its Amendments to Martin Act Don’t Violate Property Owners’ Constitutional Rights
  • Court Dismisses Discrimination Claim by Co-op Applicants Who Didn’t Submit Income Proof
  • Purchaser Who Doesn’t Close on Time Loses Down Payment
  • Attorney Suspended for Misappropriation of Client Funds

A PDF of my recent articles is available courtesy of Co-op & Condo Case Law Tracker Digest.

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Author

Richard J. Shore

Counsel

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