A lease term ends but the tenant nevertheless remains in possession. The tenant becomes a month-to-month “holdover” tenant on the same terms as the lease that ended. But what if the lease that was concluded contained an option to purchase the premises? Was the exercise of that option legally enforceable by the holdover/tenant? Valeria McMillan and Roderick Francis (tenants) sued Christoper Marengo for specific performance of a purchase option contained in a lease for real property. They entered into a lease with Jack Colbert dated October 26, 2012, for property located in Bronx County, to be used as a residence… Read more

Was the Request Reasonable? And Serving a Legitimate Corporate Purpose? Unit owners at residential coops have both statutory and common law right rights to inspect corporate books and records. But, as a recent case illustrates, that right is not without limits. And that right may be abrogated where the demand is improperly motivated, on the one hand, and/or otherwise unreasonable, on the other. James E. Cayne sought to compel 510 Park Avenue Corporation, a residential cooperative, to comply with his demand to inspect the coop’s books and records pursuant to New York Business Corporation Law § 624 and the common… Read more

Did Prior Practice Trump Governing Language in Facade Signage Dispute? New York City abounds in mixed-use condominiums where the rights and obligations of the commercial and residential unit owners are often meticulously defined in the declaration and by-laws. But disputes nevertheless often arise where those living in the building take issue with conduct of those doing business there. And, as a recent case illustrates, the scrupulous detail of the governing documents may not be dispositive where a prior course of conduct arguably suggests otherwise. The Board of Managers of the 80th at Madison Condominium sued 1055 Madison Avenue Owners LLC… Read more

The Business Judgment Rule is familiar legal scripture that is often ritually invoked as a defense to claims by residential condo/coop unit owners against their boards of managers/directors. But, as a recent case illustrates, the Rule only applies if, in fact, a “business” judgment is involved. Ayoka Foster sued 219-229 W.144th St. HDFC and members of the Board to receive the shares of stock to apartment six, as a beneficiary of Margie McCray, her mother, through decedent McCray’s Last Will and Testament. W.144th and the members of the board made a motion to dismiss the complaint on the ground of… Read more

Noise over a long period of time from nearby construction certainly may be annoying and disruptive to those who work from home. But, as a recent case illustrates, that bothersome inconvenience may not rise to the level of a legally actionable nuisance. Darien Dollinger brought a small claims proceeding for five thousand dollars ($5,000.00) alleging loss of profit based upon alleged violations of building permits and making excessive noise at a construction site located at 275 Washington Street, Mount Vernon, New York by United Engineering Service, PC. United failed to appear in the proceeding and the court held an inquest…. Read more

“Every dog is entitled to one bite” is shorthand for the principle that a dog owner may not be liable for an attack or bite by a pet without known vicious propensities. But, as a recent case illustrates, a determination of whether or not the vicious propensities were known to the owner is both circumstance specific and fact-intensive. Kathleen Stack, a home health aide, alleged that she was injured on June 14, 2017, on-premises owned by Frank Manfredi and Lillian Manfredi premises at 115 Quinby Avenue, City of White Plains. Stack alleged that she was attacked by a dog who… Read more

Contracts for the sale of residential property often contain both generic and specific provisions with respect to the purchaser’s right to inspect the premises between the time the contract is signed and the actual closing and transfer of title. But, as a recent case illustrates, the scope of that inspection right may nevertheless be the basis of a dispute. Oren Mor and Hadar Laor (for convenience, the “Mors”) owned a residential condominium unit 3C at 15 Hubert Street in Manhattan. Jessica Fisher signed a contract to buy the unit for $3,875,000, with a $387,500 deposit. She contemplated making extensive alterations… Read more

Court Finds Actual Nature of the Contract Controlled Both a lease and a license create estates in the property. But there is a distinction with a difference. A tenant under a lease (but not a licensee under a license) is protected by General Obligations Law Sections 5-901 and 5-905—which require a landlord to give a tenant between 15 and 30 days prior written notice of the expiration of a right to renew or cancel the lease. And, as a recent case illustrates, the substance of the contract and not the label attached to the agreement is dispositive— and triggers a… Read more

Construction often leads to an increase in the range, or a change in the pitch, of impermeable surfaces (such as driveways and parking areas). With a concomitant increase in water flow. And damage to contiguous properties. But what is the injured neighbor to do? As a recent case illustrates, whether or not claims for negligence, trespass, or nuisance survive a motion to dismiss may depend more on” timing” than “substance.” Joseph Ubiles and Bernice Ubiles owned and lived at 429 West 147th Street. Ndingara Ngardingabe and Julie Camiuli owned the lots next door at 431-433 West 147th Street, where he… Read more

The COVID-19 pandemic has fomented lawsuits relating to frustration/impossibility of performance, taking of property by Executive Order, and insurance coverage for casualty losses. But our Courts must still hear and determine less consequential, non-recurring fact-specific disputes. And, as a recent case illustrates, what would appear to be rather banal to some is “essential” to others. Ellen Mathias and Enrico Dealessandrini brought suit arising from their almost $1m renovation of PH-2B at 200 Riverside Drive–more $800K under a construction contract; in excess of $156K in change orders; and over $32K in direct payments to subcontractors. The mammoth project included the installation… Read more