Category Archives: Co-Ops

Rooftop (Legal) Warfare on Washington Avenue

Posted on August 6, 2019 | Comments Off on Rooftop (Legal) Warfare on Washington Avenue

This was originally published on the SGR Blog.

A recent lawsuit resulted from an ongoing quarrel, between neighbors in a Washington Avenue co-op apartment building, over who owned a 2-foot by 20-foot strip of a shared rooftop terrace.

Justin Theroux (Apt. 2B) filed a complaint against Norman J. Resnicow and Barbara Resnicow, his downstairs neighbors (Apt.1A), for allegedly depriving Theroux of his right to enjoy his property.

Theroux contended that the Resnicows had engaged in a malicious and years-long harassment campaign that included frivolously challenging the boundary line between Theroux’s and the Resnicows’ shared roof deck.

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

Co-op Boards Are Not Quality-Control Watchdogs

Posted on February 8, 2019 | Comments Off on Co-op Boards Are Not Quality-Control Watchdogs

Copyright  by,  and republished with permission of, Habitat Magazine

Wade and Vanessa Johnson thought they were getting a “triple mint” luxury unit when they bought a gut-renovated apartment from the sponsor of a cooperative conversion at 1150 Fifth Avenue. But after the closing, the Johnsons learned that there were numerous conditions in the apartment that were not up to code – or actually dangerous – most of which had been concealed.

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Posted in Co-Ops, Real Estate

The Great “Washing Machine” Dispute

Posted on December 9, 2018 | Comments Off on The Great “Washing Machine” Dispute

This was originally published on the SGR blog.

Nancy McCaskill  bought the shares for a cooperative apartment in Mount Vernon, New York in April 1998. At the time she entered into possession a washing machine was installed.

In 2014, the Board of Directors enacted the following House Rule 21:

The Board of Directors having determined that the plumbing systems of the Buildings are not sufficiently robust to allow use of washing machines without damage to the plumbing and to other apartments, washing machines, dryers or combination washer/dryer machines are not permitted to be used or kept in any apartment.

The cooperative did not contact McCaskill regarding her washing machine after enactment of House Rule 21.

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

Murder in Apartment 3P

Posted on December 4, 2018 | Comments Off on Murder in Apartment 3P

Copyright by, and republished with permission of, Habitat Magazine.

It was a grim and bloody night at the Sea Cliff Towers co-op on Staten Island. The New York Times carried this terse account:

“A fight between two friends who were dating the same woman ended in the death of one of them, the police said yesterday. On Wednesday night, Michael Cafferata, 33, was visiting Michael Kett, 41, in Fort Wadsworth. The two argued, and Mr. Kett stabbed Mr. Cafferata with a steak knife, the police said. Mr. Kett fled, but was later arrested and charged with second-degree murder.”

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

Which Rule Rules?

Posted on November 5, 2018 | Comments Off on Which Rule Rules?

Please see my recent article on Habitat.  Copyright by, and republished with permission of, Habitat Magazine.

A dustup at the Village Dunes co-op in Montauk highlights the differing standards that may govern the enforceability of decisions made by co-op boards.  Click Here For More.

 

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

Beware of the “Espinal” Exceptions

Posted on October 9, 2018 | Comments Off on Beware of the “Espinal” Exceptions

Documents included with offering plans (i.e. declarations, by-laws, rules and regulations, etc.) and other evidence are used to determine whether the board of a residential cooperative or condominium or the owner of an apartment is responsible to fix failures in a building system.  Keep in mind, however, that a board or managing agent may become responsible for damages (which are otherwise the obligation of the apartment owner) if they voluntarily or gratuitously inject themselves into addressing or remediating a unit owner’s problem.

Read more on the SGR blogs.

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

“UP ON THE ROOF”

Posted on October 1, 2018 | Comments Off on “UP ON THE ROOF”

When this old world starts getting me down

And people are just too much for me to face

I climb way up to the top of the stairs

And all my cares just drift right into space…[*]

Every aspect of residential cooperative or condominium life sooner or later becomes the subject of disagreement. And disputes as to responsibility for maintaining, and the right to use or build on, the roof are frequent in our Courts. A few recent examples follow:

Hersh v. One Fifth Ave. Apt. Corp., 2018 NY Slip Op 05522, App. Div. 1st Dept. (July 26, 2018) Continue reading →

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