Successful Appeal for Park Avenue Cooperative Client in Preferential Sale, Subletting Provisions Matter
Successfully argued in the Appellate Division, First Department that a Park Avenue cooperative client was not obligated to comply with preferential sale and subletting provisions afforded to “original purchasers” of the cooperative conversion under the offering plan and proprietary lease, notwithstanding that plaintiff-shareholder had relied on such preferential subletting provision when purchasing the apartment, and in subletting same for over 20 years.
Successful Negotiation of Construction Defect Settlements
Successfully negotiated numerous construction defects settlements with condominium sponsors.
Won Matter on Appeal for Coalition of Cooperative Apartment Buildings
Won a major victory from the New York Supreme Court Appellate Division, First Department on behalf of a coalition of cooperative apartment buildings. The coalition was formed to challenge the transformation of an historic church building, located at 583 Park Avenue in a residentially zoned neighborhood in Manhattan, New York, into a commercial catering hall. The Appellate Division reversed a trial court ruling and reinstated the determination of the New York State Liquor Authority to deny the caterer’s application for a liquor license. The Appellate Division accepted the coalition’s arguments, including that the caterer had dramatically transformed the church building so that it lost its primary use as a house of worship.
Developed Documentation for Individual Unit Expansion
Developed documentation for the expansion of individual units through the sale, leasing and licensing of hallway, yard, roof and other public spaces.
Multimillion-Dollar Mortgage Financings for Housing Cooperatives, Property Owners
Advised borrowers on financing structure and terms, and closed hundreds of millions of dollars of underlying and construction mortgage financings for housing cooperatives and other property owners.
Developed Compliance Protocols for Government-Enforced Real Estate Regulations
Developed protocols for compliance with lead-based paint, conflicts disclosure, anti-discrimination, fireplace, sprinkler and other government regulations.
Anti-Harassment Training and Compliance
Developed anti-sexual harassment training for board members and anti-sexual harassment and other anti-discrimination and anti-harassment policies for board adoption.
Successful Challenge to a Decision by the Metropolitan Transit Authority Concerning Siting of a Subway Entrance
As a result of challenge by several neighboring buildings, an attempt by the Metropolitan Transit Authority to site a subway entrance mid-block on a busy street was abandoned and the entrance was moved to a new site as had been requested by the community.
Obtained Reversal of Supreme Court Decision for Co-op in Bad Faith Case
Obtained reversal by the Appellate Division, First Department of a Supreme Court decision denying a summary judgment motion of defendant-cooperative because the cooperative board failed to establish that it acted in good faith; in an often-cited 1999 decision, the Appellate Division held that the shareholder, not the cooperative, has the initial burden of demonstrating bad faith.
Successful Appeal for Condo in Election Challenge
Defended condominium in an Article 78 election challenge and in the subsequent appeal before the Appellate Division, Second Department, which upheld the election.
Representation of Condo in Landowner Construction Action
Represented a condominium in an action commenced by a smaller neighboring landowner to compel the condominium to erect and maintain landowner’s chimney.
Representation of Co-op Board in Discrimination Matter
Represented cooperative board accused of sexual orientation discrimination, ultimately resulting in dismissal of action.
Representation of Co-ops in Noise, Apartment Alteration Disputes
Represented cooperatives in connection with noise disputes with shareholders, as well as apartment alteration disputes.