Feb 11, 2019

Co-op Boards Are Not Quality-Control Watchdogs

Copyright by, and republished with permission of, Habitat Magazine. Wade and Vanessa Johnson thought they were getting a “triple mint” luxury unit when they bought a gut-renovated apartment from the sponsor of a cooperative conversion at 1150 Fifth Avenue. But after the closing, the Johnsons learned that there were numerous conditions in the apartment that… Read more

Feb 7, 2019

Automatic Stay of Federal Judgments Extended to 30 days

Rule 62 of the Federal Rules of Civil Procedure[1] addresses a stay of proceedings to enforce a judgment. Amendments to Rule 62 became effective on December 1, 2018. The amendments reorganize the Rule somewhat, clear up some confusing timing issues, and replace the term “supersedeas bond” with “bond or other security.” As to timing, amended… Read more

Jan 18, 2019

Nuisance on Central Park West

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… Read more

Dec 7, 2018

The Great “Washing Machine” Dispute

Nancy McCaskill  bought the shares for a cooperative apartment in Mount Vernon, New York in April 1998. At the time she entered into possession a washing machine was installed. In 2014, the Board of Directors enacted the following House Rule 21: The Board of Directors having determined that the plumbing systems of the Buildings are… Read more

Oct 5, 2018

Beware of the “Espinal” Exceptions

Documents included with offering plans (i.e. declarations, by-laws, rules and regulations, etc.) and other evidence are used to determine whether the board of a residential cooperative or condominium or the owner of an apartment is responsible to fix failures in a building system.  Keep in mind, however, that a board or managing agent may become… Read more

Sep 21, 2018

Court Addresses Dispute Over Display of American Flag

Condominium declarations, by-laws and rules and regulations govern many details of residential apartment living and unit owners are obligated to comply with them even if they feel that they impinge upon their rights.  This point is illustrated by a recent lawsuit involving the display of an American flag. A unit owner had installed a relatively… Read more

Jul 25, 2018

Husted: The Legality of Purging the Voter Rolls

Voting Booth-145914665

By: Marcie Ernst and Melanie Walker[1] The United States Supreme Court recently ruled in Husted, Ohio Secretary of State v. A. Phillip Randolph Institute[2] that Ohio’s process for removing voters on change-of-residence grounds did not violate the National Voter Registration Act (NVRA), also known as the “Motor Voter Act.”[3] A. Phillip Randolph Institute, a labor… Read more

Dec 7, 2017

“We Have a Deal” Email Established an Enforceable Settlement, and “Standard” Release Was Not a Material Term of the Settlement

Email on Keyboard

In Scheinmann v. Dykstra, 2017 WL 1422972 (S.D.N.Y. Apr. 21, 2017), a New York federal court considered the issues of whether a series of emails was sufficient to establish an enforceable settlement agreement between the parties, and whether a “standard” release was part of the deal. In this lawsuit against a former Mets baseball player,… Read more

Nov 3, 2017

“For Whom the Bell Tolls”: SCOTUS to Decide When Statute of Limitations is Tolled After Dismissal of State Law Claims Without Prejudice

Gavel on desk

Litigants often try to resolve their federal and state law claims in a single action. In order for a federal court to hear state law claims, it must invoke supplemental jurisdiction, codified at 28 U.S.C. § 1367. As long as the court has subject matter jurisdiction and the state law claim arises out of the… Read more