Real Estate Articles

• Co-op & Condo Case Law Tracker Digest, April 2024, “Supreme Court Vacates DHCR Rent Reduction Order Because Owner of Apartments Wasn't Named"
• Co-op & Condo Case Law Tracker Digest, April 2024, “Appellate Court Reinstates Claims Against Board Members for Common Charge Overassessments"
• Co-op & Condo Case Law Tracker Digest, March 2024, “Guarantor of Co-op Apartment Owned by Trust Is Liable for Unpaid Maintenance and Fees"
• Co-op & Condo Case Law Tracker Digest, February 2024, “Shareholders' Motion for Summary Judgment Over Water Leaks Is Denied as 'Premature'"
• Co-op & Condo Case Law Tracker Digest, January 2024, “Co-op Motion to Dismiss Shareholders' Amended Complaint Is Denied"
• Co-op & Condo Case Law Tracker Digest, December 2023, “Co-op Granted Summary Judgment Against Nonpaying Shareholder, Plus Attorney Fees"
• Co-op & Condo Case Law Tracker Digest, November 2023, “Co-op Wins Nonpayment Proceeding Against Deceased Shareholder's Estate"
• Co-op & Condo Case Law Tracker Digest, October 2023, “Condo Obtains Summary Judgment Against Unit Owner in Arrears, Plus Attorneys' Fees"
• Co-op & Condo Case Law Tracker Digest, September 2023, “Co-op's Claims Against Water Treatment Company for Corroded Pipes Are Dismissed"
• Co-op & Condo Case Law Tracker Digest, ​August 2023, “Engineers Land First Punch in Fight Over Alleged Design Defects in New York's Tallest Condo"
• Co-op & Condo Case Law Tracker Digest, ​August 2023, “Trial Needed to Determine Which Co-op Share Certificate Is Genuine"
• Co-op & Condo Case Law Tracker Digest, ​July 2023, “Court Dismisses Commercial Unit Owner's Claims Regarding Capital Assessment to Repair Residential Elevators"
• Co-op & Condo Case Law Tracker Digest, ​May 2023, “Unit Owner in Litigation with Condo Seeks Emergency Order to Allow Access to Building Amenities"
• Co-op & Condo Case Law Tracker Digest, ​April 2023, “Condo Can't Compel FDNY to Designate Private Alley as 'Fire Apparatus Access Road'"
• Co-op & Condo Case Law Tracker Digest, ​March 2023, “Bidder at Foreclosure Sale Gets Down Payment Returned Because Condo Failed to Disclose a First Mortgage on the Unit"
• Co-op & Condo Case Law Tracker Digest, ​February 2023, “Unit Owner Fails to Set Aside Sale of Unit in Foreclosure Based on Purportedly Deficient Service of Process"
• Co-op & Condo Case Law Tracker Digest, ​January 2023, “Shareholders Denied Injunction to Bar Co-op from Terminating Proprietary Leases Based on Failure to Pay Maintenance and Assessment"
• Co-op & Condo Case Law Tracker Digest, ​January 2023, “Unit Owners on the Hook for Water and Sewer Charges Unpaid by the Board"
• Co-op & Condo Case Law Tracker Digest, ​December 2022, “HDFC's Motion for Dismissal of Amended Complaint Alleging Racial and Disability Discrimination Is Denied"
• Co-op & Condo Case Law Tracker Digest, ​November 2022, “Co-op Motion for Maintenance Payments Denied Due to Prior Action Pending"
• Co-op & Condo Case Law Tracker Digest, November 2022, “Landowner May Be Liable for Injuries of Verizon Worker Who Climbed Dividing Wall"
• Co-op & Condo Case Law Tracker Digest, ​October 2022, “Residential Unit Owner's Request for Preliminary Injunction for Repair of Leak Denied"
• Co-op & Condo Case Law Tracker Digest, October 2022, “Disabled Plaintiff's Federal Suit Against Condo for Discrimination Survives Dismissal for Lack of Notice of Lobby Work"
• Co-op & Condo Case Law Tracker Digest, ​September 2022, “Court Finds Union Agreement Mandates Arbitration"
• Co-op & Condo Case Law Tracker Digest, ​September 2022, “Condo's Negligence Claim Against Window Contractors Reinstated on Appeal"
• Co-op & Condo Case Law Tracker Digest, ​August 2022, “In Lawsuit to Enforce Rules, Condo Gets Preliminary Injunction Barring Unit Owner from Use of Pool"
• Co-op & Condo Case Law Tracker Digest, ​August 2022, “Co-op Owner's Claims Based on Neighbor's Noisy, Jumping Kids Are Trimmed, But Complaint Survives"
• Co-op & Condo Case Law Tracker Digest, ​July 2022, “Court Awards Plaintiff $6, But Won't Release Defendant's $100K Escrow Until Appeal is Resolved"
• Co-op & Condo Case Law Tracker Digest, July 2022, “False Claims Act Claim Dismissed, But Contract Claim Survives”
• Co-op & Condo Case Law Tracker Digest, ​June 2022, “Judge Won't Set Aside Condo Default Judgment for Unpaid COVID-19 Charges”
• Co-op & Condo Case Law Tracker Digest, June 2022, “Motion to Dismiss Discrimination Complaint Against HDFC Granted, But Plaintiff Has Short Period to Try Again”
• Co-op & Condo Case Law Tracker Digest, May 2022, “Predicate Notices to Cure Objectionable Conduct and Terminate Mitchell-Lama Shareholder's Lease Survive Dismissal”
• Co-op & Condo Case Law Tracker Digest, May 2022, “Judge Issues Preliminary Injunction Against Unit Owner, Barring Further Harassment of Property Manager”
• Co-op & Condo Case Law Tracker Digest, May 2022, “Insurance Broker Dismissed from Condo Owner's Suit Over Amount of Policy”
• Co-op & Condo Case Law Tracker Digest, April 2022, “Appellate Court Reverses, Finds Complaint Alleges Individual Claims Against Board Members”
• Co-op & Condo Case Law Tracker Digest, March 2022, “Co-op Owners Obtain Injunction Against Board to Use Waste Pipe”
• Co-op & Condo Case Law Tracker Digest, March 2022, “Condo's Substitution of Portable AC for Window AC Doesn't ‘Diminish Services' of Rent-Stabilized Occupant”
• Co-op & Condo Case Law Tracker Digest, February 2022, “Business Judgment Rule, Lack of Alleged Harm to Co-op Result in Dismissal of Derivative Claims”
• Co-op & Condo Case Law Tracker Digest, February 2022, “Counterclaims in Commercial Condo Foreclosure Case Largely Dismissed—But Some Survive”
• Co-op & Condo Case Law Tracker Digest, January 2022, “Amended Complaint in Defamation Suit by Unit Owner Against Board President Survives Dismissal”
• Co-op & Condo Case Law Tracker Digest, January 2022, “Wife Awarded Co-op Apartment and Attorneys' Fees
• Co-op & Condo Case Law Tracker Digest, December 2021, “Unit Owner Can't Withhold Common Charges Despite Claim for Damages”
• Co-op & Condo Case Law Tracker Digest, November 2021, “Insurer Must Defend Condo's Former Managing Agents in Board's Construction Lawsuit”
• Co-op & Condo Case Law Tracker Digest, October 2021, “15-Year-Old Divorce Decree Governs Ownership of Condo Unit, Removes It from Creditor's Grasp”
• Co-op & Condo Case Law Tracker Digest, October 2021, “Co-op's Managing Agent Dismissed from Slip-and-Fall Case, Lacked Exclusive Control of Common Area”
• Co-op & Condo Case Law Tracker Digest, September 2021, “Eviction of Former Employee Complicated by COVID, Procedural Miscues”
• Co-op & Condo Case Law Tracker Digest, August 2021, “Court Narrows, But Doesn't Quash, Subpoena in Litigation Over Co-op Alterations”
• Co-op & Condo Case Law Tracker Digest, August 2021, “Former Unit Owner and Guarantor Are Both Responsible for Common Charges Post-Sale”
• Co-op & Condo Case Law Tracker Digest, August 2021, “Appellate Court Upholds Denial of Motion to Dismiss in Litigation Over Co-op Alterations”
• Co-op & Condo Case Law Tracker Digest, August 2021, “Appellate Court Reinstates Foreclosure Suit”
• Co-op & Condo Case Law Tracker Digest, August 2021, “Appellate Court Reverses, and Dismisses Personal Injury Claim Against Condo and Property Manager for Elevator Injury”
• Co-op & Condo Case Law Tracker Digest, August 2021, “Personal Injury Case Against Condominium Dismissed for Lack of Discovery Compliance”
• Co-op & Condo Case Law Tracker Digest, August 2021, “Holder of Unsold Shares Entitled to Judgment and Injunction Against Co-op for Transfer of Shares”
• Co-op & Condo Case Law Tracker Digest, July 2021, “Commercial Shareholder Can't Sue Over Sidewalk Shed”
• Co-op & Condo Case Law Tracker Digest, July 2021, “Commercial Condo Unit Violates Signage Rules”
• Co-op & Condo Case Law Tracker Digest, July 2021, “Shareholders Can't Sue Co-op for Claims Not Raised in Prior Settled Case”
• Co-op & Condo Case Law Tracker Digest, July 2021, “Investor Seeks to Close on Purchase of 28 of 32 Units in HDFC”
• Co-op & Condo Case Law Tracker Digest, May 2021, “Shareholders' Alterations Breached Proprietary Lease”
• Co-op & Condo Case Law Tracker Digest, May 2021, “Owners Can't Sue Individual Board Members in Improper Election Claim”
• Co-op & Condo Case Law Tracker Digest, May 2021, “Notice of Pendency Is Cancelled After Three Years”
• Co-op & Condo Case Law Tracker Digest, May 2021, “Shareholder Can't Sue Co-op for Claims Settled in Prior Case”
• Co-op & Condo Case Law Tracker Digest, May 2021, “Daughter Seeks Co-op Shares 10 Years After Shareholder Died”
• ​​The New York Times, Ask Real Estate, March 20, 2016, "Renters Using Amenities"
• The New York Times, Ask Real Estate, October 25, 2015, "Random Bike Parking"
• The New York Times, Ask Real Estate, October 11, 2015, "Converting A Super's Apartment"
• The New York Times, Ask Real Estate, June 28, 2015, "Coop With a Small Mortgage"
• The New York Times, Ask Real Estate, June 21, 2015, "'Living In Sin' Rules"​
• New York Law Journal, "Condominium Foreclosures: Taking the First Steps Against Unit Owners," June 24, 2015
• New York Law Journal, "Addressing Short-Term Rentals by Co-op Shareholders," May 8, 2015
• New York Law Journal, "Collecting Rent from Condo Owner's Tenant for Unpaid Common Charges," March 16, 2015
• The New York Times, Real Estate Q & A, Friday, October 11, 2013, "Who Pays to Replace a Kitchen Floor?"
• The New York Times, Real Estate Q & A, Friday, June 21, 2013, "Concerns About A Landlord"
• The New York Times, Real Estate Q & A, Friday, January 11, 2013, "Landlady Demands Half My Rent In Cash"
• The New York Times, Real Estate Q & A, Saturday, October 6, 2012, "Neighbor's Dog Barks for Hours"
• The New York Times, Real Estate Q & A, Sunday, May 13, 2012, "Will The Rent Be Raised?"
• The New York Times, Real Estate Q & A, Sunday, December 4, 2011, "Unwanted Company In The Backyard"
• The New York Times, Real Estate Q & A, Sunday, October 9, 2011, "Repainting By The Numbers"
• The New York Times, Real Estate Q & A, Sunday, July 3, 2011, "Some Inconvenience from New Windows"
• The New York Times, Real Estate Q & A, Sunday, April 3, 2011, "A Lease Becomes Month-to-Month"
• The New York Times, Real Estate Q & A, Sunday, February 20, 2011, "A Tenant Leaves And A Landlord Sues"
• The New York Times, Real Estate Q & A, Sunday, November 10, 2010, "Keeping Artwork in Common Hallways"
• The New York Times, Real Estate Q & A, Sunday, September 5, 2010, "The Parking Meter Will Keep Running"
• The New York Times, Real Estate Q & A, Sunday, June 27, 2010, "Time to Evict Those Pesky Bedbugs"
• The New York Times, Real Estate Q & A, Sunday, February 21, 2010, "Short-Term Rentals in Stabilized Building"
• The New York Times, Real Estate Q & A, Sunday, July 12, 2009, "Paying Interest On Sublet Deposits"
• The New York Times, Real Estate Q & A, Weblog, December 31, 2008, "The Lingering Matter Of A Security Deposit"
• The New York Times, Real Estate Q & A, Sunday, June 22, 2008, "Renewal Leases and Landlords' Obligations"
• The New York Times, Real Estate Q & A, Sunday, February 3, 2008, "A Roommate's Rights"
• The New York Times, Real Estate Q & A, Sunday, May 27, 2007, "If The Elevator Is Broken, Is A Rent Rebate In Order?"
• The New York Times, Real Estate Q & A, Sunday, Feb. 18, 2007, "And If The Security Deposit Earns Less Than 1 Percent?"
• The New York Times, Real Estate Q & A, Sunday, February 4, 2007, "Interest Payments On Security Deposits"
• The New York Times, Real Estate Q & A, Sunday, September 3, 2006, "Must A Landlord Renew A Lease?"
• The New York Times, Real Estate Q & A, Sunday, April 23, 2006, "When The Landlord Says, 'You Own It, You Fix It'"
• The New York Times, Real Estate Q & A, Sunday, October 30, 2005, "Getting A Copy Of A Renewal Lease"
• The New York Times, Real Estate Q & A, Sunday, April 10, 2005, "A Brother's Right to Succession"
• The New York Times, Real Estate Q & A, Sunday, January 16, 2005, "Succession Rights In Rent Regulation"
• The New York Times, Real Estate Q & A, Sunday, September 12, 2004, "A Legal Right To Storage Space"
• The New York Times, Real Estate Q & A, Sunday, July 27, 2003, "A Renter's Right To A Refrigerator"
• The New York Times, Real Estate Q & A, Sunday, April 27, 2003, "When Repairs Force A Tenant Out"
• The New York Times, Real Estate Q & A, Sunday, December 1, 2002, "Removing A Roommate From A Lease"
• The New York Times, Real Estate Section, Sunday, June 16, 2002, "When Noise Is Too Much To Bear," by J. Romano
• The New York Times, Real Estate Q & A, Sunday, January 28, 2001, "If Lighting Becomes A Hazard"
• The New York Times, Real Estate Q & A, Sunday, June 18, 2000, "Rules On Taking A Roommate"
• The New York Times, Real Estate Q & A, Sunday, May 7, 2000, "Replacing A Countertop"
• The New York Times, Real Estate Q & A, Sunday, November 14, 1999, "Apartment For Use By Landlord"
• The New York Times, Real Estate Q & A, Sunday, October 10, 1999, “Landlord's Liability In A Dog Attack”
• The New York Times, Real Estate Q & A, Sunday, April 18, 1999, “Changing Appliances In A Rental”
• The New York Times, Real Estate Section, Sunday, October 25, 1998, “At $566, The Rent Is Small, But Problems Are Big,” by T. Hall
• The New York Times, Real Estate Q & A, Sunday, October 11, 1998, “Hiring Your Own Painter”
• The New York Times, House & Homes Section, Thursday, September 3, 1998, “Wall St. Jitters And The Deal,” by T. Rozhon
• The New York Times, Real Estate Q & A, Sunday, July 12, 1998, “Chattering Birds Upset A Tenant”
• The New York Times, Real Estate Section, Sunday, April 19, 1998, “Taking A Landlord To Court,” by J. Romano
• The New York Times, Real Estate Q & A, Sunday, January 11, 1998, “Rules On Renewing A Lease”
• The New York Times, Real Estate Q & A, Sunday, July 13, 1997, “The Use Of Self-Help Eviction”
• The New York Times, Real Estate Q & A, Sunday, May 25, 1997, “Tenants' Rights On Cellular Antennas”
• The New York Cooperator, Questions & Answers, May 1997, “A Case of Discrimination?”
• The New York Times, Real Estate Q & A, Sunday, April 27, 1997, “Tenant In An Illegal Apartment”
• The New York Cooperator, Questions & Answers, April 1997, “Is Subletting A Liability?”
• The New York Times, Real Estate Q & A, Sunday, December 8, 1996, “Repairing A Leaky Terrace”
• The New York Cooperator, Cover Story, July/August 1996, “The Shareholder Versus The Board: Battling to Retain Duplicate Keys,” by A. Malaspina