Monthly Archives: February 2020

Legal “War of the Roses” in Jackson Heights

Posted on February 26, 2020 | Comments Off on Legal “War of the Roses” in Jackson Heights

This was originally posted on the SGR Blog.

Some coop disputes rival for longevity the infamous “War of the Roses” (1455-1485). A recently litigated summary “nuisance” holdover proceeding, that followed the termination  of a residential proprietary lease for “objectionable conduct”, was the end result of more than twenty years of complaints.

Surfair Equities, Inc., a cooperative housing corporation, filed an objectionable conduct holdover proceeding to recover possession of Apt. 3A located at 35-30 73rd Street, Jackson Heights, NY 11435 from Alberto Marin, the shareholder of Apt. 3A.

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Posted in Co-Ops, Litigation, New York Law, Real Estate

Legal “Venting” on Avenue A

Posted on February 18, 2020 | Comments Off on Legal “Venting” on Avenue A

This was originally published on the SGR Blog.

The rights and privileges of owner of units in residential condominiums and cooperatives in New York are complicated enough, standing alone. But even more complex is a two unit condominium consisting of a street level commercial unit upon which sits a residential unit (the latter of which is a multi-apartment coop).

The various organizational documents in a so-called “cond-op” present challenging factual questions and legal issues when disputes arise. A recent case addressed the question of whether the owner of the commercial unit had the right to install a vent exhaust on the exterior wall of the residential unit.

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Posted in Co-Ops, Condominiums, New York Law, Real Estate

New York Co-op Dispute: Did Occupancy of an Apartment Result in Loss of ”Unsold Share” Rights?

Posted on February 10, 2020 | Comments Off on New York Co-op Dispute: Did Occupancy of an Apartment Result in Loss of ”Unsold Share” Rights?

This was originally published on the SGR Blog.

Under the uniform New York co-op lease, the holders of unsold shares enjoy rights in addition to those ordinary shareholders have. Among other things, an apartment lessee who holds a block of unsold shares may sublet the apartment or assign the lease without approval of the coop’s board of directors or other shareholders, as would ordinarily be required. Only the building’s managing agent’s approval is required.

Supreme Court was recently called upon to determine the legal status of shares in a cooperative apartment located at 7 Park Avenue. Bellstell 7 Park Avenue, L.L.C., holder of all the unsold shares, sought a declaration that Seven Park Avenue Corporation impermissibly determined that Bellstell had lost its unsold-shareholder rights with respect to one of the apartments in the building.

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Posted in Co-Ops, New York Law, Real Estate

When You Choose New York Law – Have You Chosen New York Law?

Posted on February 3, 2020 | Comments Off on When You Choose New York Law – Have You Chosen New York Law?

This was originally published on the SGR Blog.

As members of SGR’s transportation group, Marc (in New York) and Shani (in L.A.) are often called upon to advise clients about the choice of the law to govern the interpretation and enforcement of agreements and the place for adjudication of disputes (likely with little nexus to New York other than that clause). And, as a commercial litigator in New York, Victor must navigate, challenge or defend those choices.

One of the factors to be considered is the extent to which the Courts in New York will enforce the selection of New York law and venue.

Under agreements, governed by New York law, but involving parties in different jurisdictions, disputes often arise as to which state’s substantive law applies. “Old Timers” were schooled in choice of law/conflict of law analysis under the “grouping of  contacts”/”center of gravity”/“significant relationship” protocols.

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Posted in Jurisdiction, Litigation, New York Law