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.
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.