Wishful thinking and expectations are not a legally cognizable and enforceable plan. The failure to document the adjournment of a time of the essence closing date recently cost the would be purchasers to lose a substantial million down payment. Suncore Group SA, LLC sought to purchase real property in New York County from 1660 1st LLC. The purchase did not close on the date specified in the purchase agreement. 1660 took the position that the failure to close constituted a default by Suncore, thereby terminating the contract and entitling 1660 to retain Suncore’s down payment. Suncore sought a declaratory judgment… Read more

“Game Change”: Court Holds “Gig” Courier to be an Employee (Not an Independent Contractor) Entitled to Unemployment Compensation Will Ruling Retroactively Apply? In a landmark decision, Matter of Vega (Postmates Inc. Commissioner of Labor)[March26, 2020], the Court of Appeals addressed the question of whether or not a deliveryman—who was free to make his own hours, choose what assignments to take and was also available to work for others—was an employee or an independent contractor. The issue arose in the context of a claim by a courier for unemployment compensation. Question: Was the decision of the Unemployment Insurance Appeals Board that… Read more

Street parking space is an extremely  valuable commodity in New York City, in general, and in densely  populated  residential neighborhoods, in particular. A recent spat between neighbors in Brooklyn implicated both the statute and case law  governing the several elements of a  claim of  title by adverse possession, with the overlay of two Court-made rules or doctrines, as well as a legal presumption and a shifting burden of proof. Waterview Towers, Inc. and 2610 Cropsey Development Corp. are owners of properties in Brooklyn that abut Centre Place, a private driveway/street. Waterview owns tax block 6933, lot 55. Cropsey owns tax… Read more

Ismael Realty Corp. filed suit to obtain a license for permission to enter upon the adjoining property owned by Helen Zervos in furtherance of a construction project in Astoria, New York. The area in dispute was a concrete alley that separated the neighboring properties. A three day hearing was held in November, 2019. Abdul Navaraez, Kenneth Philogene, and George King testified on behalf of Ismael. Dennis Zervos, Louis Leonidas Zervos, and Nicholas Politis testified for the Zervos. As a threshold matter, the Court credited the testimony given by the Zervos’ witnesses. To the extent that the testimony of the Ismael’s… Read more

Disputes over the right of a seller to keep, or the duty to return, the down payment on a failed residential contract of sale are common, contentious and fact-specific. And regularly arise out of a contingency clause that conditions the purchaser’s obligation to close on the ability to obtain a mortgage loan. The outcome is often determined by the purchaser’s course of conduct as measured against the language of the contract. Two recent examples follow: Doony, Inc., owned by Dr. Nonyelu Anyichie, sued Mark Palmiotto to recover a $43,500.00 down payment made in connection with a contract to buy the… Read more

First year law school students often take a course about equitable remedies, one of which is the imposition by  the Court of a “constructive trust”. The remedy is almost always intensely fact  sensitive because the disputes often  arise out personal relationships and undocumented special  circumstances without the formalities of a contract. A recent example follows: From 2000 until 2017, Michael Baker and Anna Harrison were in a long-term romantic relationship. During their relationship, they ran a timber harvesting business for which various equipment was purchased. By deed dated March 7, 2017, a 4.66-acre parcel of undeveloped land on State Route… Read more

With the onset of warm weather, cyclists will again take to the road. As with almost every other form of recreation, biking provides a fertile ground for accidents, finger pointing and litigation of both simple and complex issues. Some recent examples follow. On November 12, 2017, Frank Marzan was involved in an accident in or near a Manhattan intersection that caused him to sustain significant personal injuries. Marzan alleged that Marilyn J. Levine, a pedestrian, stepped into the bicycle lane in which Marzan was riding his bicycle, causing him to maneuver abruptly to avoid Levine and, in the process, strike… Read more

Some coop disputes rival for longevity the infamous “War of the Roses” (1455-1485). A recently litigated summary “nuisance” holdover proceeding, that followed the termination  of a residential proprietary lease for “objectionable conduct”, was the end result of more than twenty years of complaints. Surfair Equities, Inc., a cooperative housing corporation, filed an objectionable conduct holdover proceeding to recover possession of Apt. 3A located at 35-30 73rd Street, Jackson Heights, NY 11435 from Alberto Marin, the shareholder of Apt. 3A. Surfair alleged that, after approximately 20 years of objectionable conduct, and repeated written notices, the Board of Directors held a Special… Read more

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. The… Read more

Under the uniform New York co-op lease, the holders of unsold shares enjoy rights in addition to those ordinary shareholders have. Among other things, an apartment lessee who holds a block of unsold shares may sublet the apartment or assign the lease without approval of the coop’s board of directors or other shareholders, as would ordinarily be required. Only the building’s managing agent’s approval is required. Supreme Court was recently called upon to determine the legal status of shares in a cooperative apartment located at 7 Park Avenue. Bellstell 7 Park Avenue, L.L.C., holder of all the unsold shares, sought… Read more