Monthly Archives: April, 2008
COURT AUTHORIZES EVICTION OF TENANT FOR “COLLYER-TYPE” CONDITIONS IN APARTMENT A GANFER & SHORE, LLP CLIENT ADVISORY APRIL 2008
A New York court has authorized the eviction of a rent-stabilized tenant in a cooperative building based in his exceptionally poor sanitary habits, which resulted in offensive orders and insect infestation that rendered the apartment “unfit for human habitation and a health-and-safety risk to other tenants.” Cabrini Terrace Joint Venture v. O’Brien, [...]
BOARD’S ALLEGED FAILURE TO REPAIR TERRACE WAS “CONTINUING WRONG” UNDER STATUE OF LIMITATIONS A GANFER & SHORE, LLP CLIENT ADVISORY APRIL 2008
Where a Condominium’s By-Laws require the Board of Managers to repair limited common elements of the building, and the Board fails to do so over a period of time, the failure is an “ongoing wrong’ that does not become time-barred under the statute of limitations, according to the court’s decision in Kaymakcian [...]
Alternative Dispute Resolution Roundtable Discussion Featuring Guy Kornblum, Esq. of Guy Kornblum & Associates (San Francisco, CA)
Mediation is thriving. Cheaper than trial preparation, the parties maintain control over the resolution,
mediation’s luster has increased over the years. How does an attorney most effectively utilize this
popular ADR process? What happens at the end of the day if a settlement hasn’t been reached? Gathered
to discuss these issues were Guy Kornblum [...]
Condominium Owner’s Suit Alleging Mold Contamination of Units Dismissed From Ganfer & Shore, LLP (New York, NY)
A condominium owner’s complaint for breach of contract and negligence in the construction, marketing, and sale of its units, arising from complaints of mold in the unit, was dismissed in Kerusa Co. LLC v. W10Z/515 Real Estate Limited Partnership, 2008 WL 1821497, 2008 N.Y. Slip Op. 3687 (App. Div. 1st Dep’t Apr. [...]
China’s National Legislature Opens its Door to Public Notice and Comments By Jin Ma of Stewart & Stewart, (Washington, DC)
In another possible sign of more transparency and public input on policy in China, (see April 3 Trade Flow), the Standing Committee of the National People’s Congress (NPCSC) in late April adopted what it called the “open door legislature policy,” promising public notice and participation in the national legislative process.
A resolution [...]
BUYER’S CLAIMS AGAINST SELLING AGENTS DISMISSED WHERE OFFERING PLAN DESCRIBED UNITS ACCURATELY A GANFER & SHORE, LLP CLIENT ADVISORY APRIL 2008
A dispute about rights to exclusive use of a roof setback let the purchasers of two condominium units to sue numerous defendants including the selling agents for fraud, negligence and violation of New York’s statute governing condominium conversions. The claims were dismissed, however, because the Offering Plan that had been provided to [...]
Shareholder’s Suit Against Cooperative for Disapproval of Proposed Sale Dismissed
The shareholder-tenant of a cooperative unit sought to sell his unit, but the cooperative board rejected the prospective purchaser’s application. The shareholder-tenant then sought to sell the unit to a second purchaser, whom the board approved but only upon conditions. The shareholder-tenant’s suite against the Cooperative and its board members for breach of [...]
