Category Archives: Condominiums

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.

Continue reading →

Comments Off on Legal “Venting” on Avenue A

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

“Stormy Weather”: [Was] the Sun Up in the Sky?

Posted on December 31, 2019 | Comments Off on “Stormy Weather”: [Was] the Sun Up in the Sky?

This was originally posted on the SGR Blog.

Joanna Lechowicz sued the Condominium for injuries she allegedly sustained, on March 10, 2014 at approximately 6:25 a.m., when she slipped and fell on snow or ice on the sidewalk abutting 130 Pondfield Road, Bronxville, New York, at or near the property line of 12 Meadow Avenue, Bronxville. Wojcjech Lechowicz sought damages for the alleged loss of consortium arising from Joanna’s accident and injuries.

The Board moved for summary judgment dismissing the complaint on the ground that the “storm in progress” rule applied.

A defendant property owner moving for summary judgment in an action predicated upon the presence of snow and/or ice has the initial burden of establishing prima facie that it neither created the snowy or icy condition that allegedly caused the plaintiff to fall nor had actual or constructive notice of such condition. That burden may be satisfied by offering evidence that there was a storm in progress at the time of the accident. If the defendant meets this initial burden, then the burden shifts to the plaintiff to raise a triable issue of fact as to whether the injured plaintiff’s fall was caused by something other than precipitation from the storm in progress.

Continue reading →

Comments Off on “Stormy Weather”: [Was] the Sun Up in the Sky?

Posted in Condominiums, Litigation, New York Law, Real Estate

The Concrete (Legal) Jungle

Posted on November 18, 2019 | Comments Off on The Concrete (Legal) Jungle

This was originally published on the SGR Blog.

Serge Somrov purchased apartment 7A at the Bay Parkway Terrace  Condominium. After moving in Somrov replaced the floor of the terrace with Board approval.

Ten years later, Somrov was told that a leak on his terrace was causing water damage to the apartment below. Pursuant to the By-Laws Somrov was required to remove the tiles he installed as well as the cement underneath. And Bay Parkway was obligated to install waterproofing  after which Somrov could re-install the tiles. Somrov removed the tiles but did not remove the cement. Bay Parkway refused to install the waterproofing until the cement was removed.

Continue reading →

Comments Off on The Concrete (Legal) Jungle

Posted in Condominiums, Litigation, Real Estate

If A Tree Falls in the Forest…

Posted on October 7, 2019 | Comments Off on If A Tree Falls in the Forest…

This originally appeared on the SGR blog.

In 2016 John and Joanne Rhodes purchased a townhouse unit in the Lagoon Manor Development on the shores of Lake George in the Town of Bolton Landing, Warren County. All common property within the Manor is owned by Lagoon Manor Home Owner’s Association, Inc. Anne Swope also owns a townhouse in the Manor and was a Board member of the HOA from October 2014 to July 31, 2018.

The Rhodes alleged that, on or about August 7, 2017, the Adirondack Park Agency granted permits which authorized view plans to be implemented on HOA property. The view plans — intended to create a “filtered view of Lake George” — provided that certain trees would be removed or trimmed while other trees would remain. The HOA hired a contractor to complete the approved tree trimming.

Continue reading →

Comments Off on If A Tree Falls in the Forest…

Posted in Condominiums, Litigation, Real Estate

It’s A Dog’s Life

Posted on September 9, 2019 | Comments Off on It’s A Dog’s Life

This was originally published on the SGR Blog.

Westchester Plaza Holdings, LLC filed a summary holdover proceeding to evict Gertrude Sherwood and her son, Sheldon Sherwood, on the ground that they had failed to cure their violation of the no-pet clause in the parties’ lease. Specifically, Westchester Plaza claimed that  the Sherwoods had violated their lease by harboring a dog without landlord’s permission. and sought a final judgment of possession of their rental apartment. Gertrude did not appear in the action. Sheldon appeared and asserted that the dog was an emotional support animal entitling him to keep  the pet in the apartment under the State’s Human Rights Law.

A non-jury trial was held before the Court. Westchester Plaza called Jana Schmidt, its in-house counsel, who testified that she was informed sometime in late February or March of  2019 that the Sherwoods were harboring a dog in the apartment in contravention of the parties’ lease. Schmidt further testified that, after being informed of the dog in the apartment, she directed her staff to investigate. She also testified that she was informed by her staff that visual observation and video confirmed that a dog was being harbored in the apartment by the Sherwoods. Schmidt further testified that neither  of them asked for permission to have a dog in their apartment.

Continue reading →

Comments Off on It’s A Dog’s Life

Posted in Animals, Condominiums, New York Law, Real Estate

Don’t Block My View of Central Park!

Posted on July 19, 2019 | Comments Off on Don’t Block My View of Central Park!

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

It’s not only the sleek new condominium towers rising along Billionaires’ Row that offer priceless views of Central Park. At the venerable Essex House Condominiumon Central Park South, an Art Deco gem that first opened as a hotel in 1931, two unit-owners recently fought a court battle royale when one owner blocked a sliver of the other’s coveted view of Central Park.

The case revolved around an intriguing question: just how much is a view of Central Park worth?

Continue reading →

Comments Off on Don’t Block My View of Central Park!

Posted in Condominiums, New York Law, Real Estate

Terrace Tiff at Worldwide Plaza

Posted on June 25, 2019 | Comments Off on Terrace Tiff at Worldwide Plaza

This was originally published on the SGR Blog.

Paul M. Lincoln sued Residences at Worldwide Plaza  in Small Claims Court for “loss of use of property.” He sought damages for the loss of use of his condominium unit’s outdoor terrace as a result of renovation of the building’s exterior.

The material facts were not disputed at trial. Lincoln owns Unit 7G at the Residences, a multi-unit condominium building located at 350 West 50th Street, New York, New York. The apartment is 624 square feet, nearly identical in most respects to the other “G line” units above and below the apartment– with the exception of a large terrace adding an additional 1,028 square feet. Given the relative size of the terrace and apartment, Lincoln regularly utilized the terrace for personal use and to host gatherings, particularly during warmer months. For the additional square footage compared to other apartments, Lincoln paid $335 more per month than other “G line” unit owners lacking terraces.

Continue reading →

Comments Off on Terrace Tiff at Worldwide Plaza

Posted in Condominiums, Litigation, New York Law, Real Estate

Neighbor vs. Neighbor at the Newswalk Condominium

Posted on June 5, 2019 | Comments Off on Neighbor vs. Neighbor at the Newswalk Condominium

Copyright by, and published with permission of, Habitat Magazine

Unit-owners at the Newswalk condominium in Prospect Heights, Brooklyn – a repurposed former Daily News printing plant – are no strangers to strife. When the first unit-owners moved in after the 2002 conversion, they were shocked by construction so slipshod that many of the “luxury” apartments were barely habitable. The condo board sued the developer, Shaya Boymelgreen, for $10 million. A decade later, Boymelgreen agreed to pay an $875,000 settlement and hand over ownership of the building’s retail unit and laundry space. The condominium survived and thrived. 

But strife has returned to the Newswalk. Today, instead of unit-owners vs. developer, it’s neighbor vs. neighbor. Marina Voron and George Argiris, the owners of unit 515, wanted to upgrade their bathroom. They sought an order directing the condo board, its management company, Choice New York, and their downstairs neighbors, Liliana Ariztizabal and Tony Pimienta, to give their plumber and contractor access to common plumbing and other  elements through unit 415. The former printing plant is a concrete structure, and the renovators needed access to plumbing lines in the concrete slab that forms the floor of unit 515 and the ceiling of unit 415.

Continue reading →

Comments Off on Neighbor vs. Neighbor at the Newswalk Condominium

Posted in Condominiums, New York Law, Real Estate

Enforcement Delayed is Enforcement Denied

Posted on April 22, 2019 | Comments Off on Enforcement Delayed is Enforcement Denied

This was originally published on the SGR blog.

Some residential buildings are “pet friendly”—and some are not.  But even where a lease in New York City prohibits household pets, the Administrative Code creates a “safe harbor” for animals when the landlord  fails to start a summary (eviction) proceeding for breach of the lease within three months of learning of the violation.

Continue reading →

Comments Off on Enforcement Delayed is Enforcement Denied

Posted in Condominiums, Real Estate

Nuisance on Central Park West

Posted on January 22, 2019 | Comments Off on Nuisance on Central Park West

Originally published on the SGR Blog.

A Central Park West condominium sued the owner of a first floor unit and her son for breach of contract and nuisance. The Board wanted to enjoin them from smoking marijuana and making excessive noise in their unit. At the outset, the Supreme Court issued a preliminary injunction that prohibited defendants from smoking marijuana and permitting marijuana smoke and excessively loud noises from infiltrating into the common areas and other units of the condominium. And several months later the Court addressed the application for a permanent injunction.

Continue reading →

Comments Off on Nuisance on Central Park West

Posted in Condominiums, New York Law, Real Estate