A high-rise residential condominium community is a creature of statute, characterized by many unique features that both govern day-to-day affairs, on the one hand, while leading to disputes and litigation, on the other.  So-called “common elements” are the responsibility of the board of managers to maintain and repair.  But, as a recent case involving an improperly-pitched/leak-causing pipe between to units demonstrates, what constitutes a “common element” is often a controverted question of fact. Lisa Goldberg sued the Madison Square Condominium and George Higgins for breach of fiduciary duty, negligence and trespass as a result of recurring leaks in her apartment. The… Read more

Almost every aspect of residential community life and governance may be subject to differences of opinion, second guessing and litigation— the outcome of which may depend on the application of the “business judgment rule”. But, as a recent case demonstrates, that rule is irrelevant where the contested action violates the community’s governing document. Peter Beckerman is a homeowner and member of the Lattingtown Harbor Property Owners Association, Inc. The POA is governed by the Board of Directors. On behalf of the POA, the Board entered into a license agreement with another member of the POA, Peter Tully. The license granted… Read more

Charges and countercharges by apartment neighbors are commonplace in residential buildings. Occasionally, disputes involve facts, circumstances, personalities and conduct that, as a recent case shows, defy the ordinary. 25 CPW City Views, LLC and Hedy Sloan Stempler sought a preliminary enjoining Linda Cohen from: (1)  contacting Stempler or any occupant of apartment 18H at 25 Central Park West; (2)  appearing at the front door of 18H; (3)  ringing the doorbell of 18H; (4)  placing any material under the door of 18H;(5)  shouting, screaming, yelling, or engaging in physical or verbal threats directed at Stempler or any occupant of 18H; (6)  engaging in any assault, abuse, harassment,… Read more

Some “neighborly” legal disputes are like an Agatha Christie “whodunit”. A recent forensic “thriller” involved two East 83rd Street apartment tenants who had lived in the building for 30 years, a nosy tenant next door and a ubiquitous building super—in a jurisprudential search for the “smoking [one]”. The landlord imposed a smoke-free environmental policy in March, in the midst of the Coronavirus pandemic, which forced many of the building’s tenants to be home 24/7. Signage in the lobby requested that all smoking be done outside and at least 15 feet away from the building. J&P Realty, LLC, as landlord,  sued… Read more

Every square inch of space allotted to an apartment in an Upper East Side high-rise residential cooperative has utility and value. And, as appeared in a recent case, when the area in dispute is nine square feet outside a hallway door, the legal claims and issues escalate disproportionately. Donald Fellner is the owner of shares and holder of a proprietary lease in co-op apartment 12C at 40 East 88th Street.  The residential cooperative is 44 East 88 Owners, Inc. And Orsid Realty Corp is the  managing agent. The dispute was over a very small area, approximately nine square feet, adjacent to… Read more

When it rains it pours. And sometimes litigation en(sues). Janice Kasni lived at 30 Lincoln Plaza located on 30 West 63rd Street. Shortly after midnight, Kasni returned from an evening out, when she slipped and fell on the floor of the lobby. It had rained for much of day before the accident and long brown rugs had been  placed from the doors to the lobby to the elevator bank. When Kasni entered the building, she stepped onto the rug in front of the door and then headed left towards a couch that was near the entrance—and stepped off the rug… Read more

The middle of the 2019-2020 Term of the Court featured only a handful of dispositions on civil matters, but no landmark decisions. Two opinions by Judge Stein, relating to the General Business Law and the  arbitration process, do provide templates for  future GBL  claims and arbitration proceedings. Plavin v. Group Health Inc. March 24, 2020 Question: The United States Court of Appeals for the Third Circuit asked the Court of Appeals to decide whether Steven Plavin sufficiently alleged consumer-oriented conduct to assert claims under General Business Law §§ 349 and 350 for damages. An insurance company’s allegedly made materially misleading representations directly to… Read more

Many luxury and other residential buildings in New York City feature doormen or other concierge services. Does the presence of such personnel create a duty to screen guests—and concomitant liability for the alleged failure to properly do so? A recent case addressed that question. Zoe Denison sought damages for injuries sustained at the hands of Roxanne Woychowski, and the alleged negligence of the 300 East 57 Street, LLC, and Rudin Management Co. Inc. and others, that arose from a night on the town. The court granted summary judgment and dismissed Denison’s claims against 300 East and Rudin. Denison asked the… Read more

Juvenal Reis (tenant) and J.B. Kaufman Realty Co, LLC (landlord) signed a lease  in 2002 for real property in Long Island City. Over the years, Reis and Kaufman executed various letter agreements extending the terms of the original lease and providing for the lease of additional space within the  building. In a document dated June 27, 2012, the parties “consolidate[d] all existing letter agreements to the same expiration date” of February 28, 2015. The 2012 letter agreement also stated that the terms of the lease were “extended to now terminate on Feb. 28, 2030,” with “terms to be determined at… Read more

Rosemarie Russo and Joseph Ostrowsky sued their abutting neighbor, Kenneth Jay, in Small Claims court. The sought to recover for damage that they sustained after a branch from a tree, which was allegedly on Jay’s property, fell into their yard, damaging their fence. Ray counterclaimed to recover damages resulting from the Ostrowskys’ workers trespassing on his property. At a nonjury trial, the Ostrowskys testified that, in 2016, debris from a tree on Jay’s property fell into their yard and damaged their pool fence. They had sent Jay a certified letter in 2016, informing him that he had several dead trees… Read more