A distinguished panel of New York co-op/condo attorneys analyze recent NY co-op/condo decisions. Subscribers receive a monthly PDF Digest of these case summaries and takeaways, an Advance Sheet of co-op/condo court cases recently decided, and access to the searchable Tracker database.
Take a Test Drive for $1Addressing the specific and unique needs of today’s niche community of New York's co-op and condo professionals, Case Law Tracker does the heavy lifting—combing through and drawing out the cases most relevant to your needs.
Case Summaries
Focusing only on co-op and condo cases, practicing attorneys in this field prepare case summaries and useful takeaways - helping you understand what the case is about so you can quickly determine if it benefits you.
Case View
Our Quick View feature enables you to instantly determine if the case is relevant to your needs and provides you with a fast click to the full details of the case including judges, case history, as well as an active slip op link to related court documents.
Monthly Digest & Monthly Advance Sheet
A pdf Digest of all co-op/condo cases added to the database is emailed monthly to you. Plus, to keep you up to date on what the courts have most recently decided, you'll receive, monthly, an Advance Sheet with case names, decision and docket links, judges, and brief decision excerpts.
Searchable Database
Speeding you to exactly what you need, our robust search offers: a simple quick search; dropdown menus to refine that search; and powerful filtering capability that lets you drill down even further by court, judge, residence, tag, and date.
Advisory Panel
Our experienced advisory committee, comprised of industry-specific experts who truly understand the issues that matter to you, write the case summaries. They know what you need to know and help you get to that information as quickly and easily as possible.
Case Watch
Emailed twice-monthly, Case Watch focus on providing insight on one particularly relevant case—clearly explaining what happened, why it’s important, and what lessons can be learned within. Case Watch reaches two audiences: lawyers who subscribe to the Co-op & Condo Case Law Tracker and Habitat Magazine subscribers (co-op and condo board directors, property managers and other industry professionals).
Case Notes provides insight on one particularly relevant co-op or condo case—clearly explaining what happened, why it’s important, and what lessons can be learned within.
TAKEAWAY The court’s decision turned on whether Montali’s specific request was truly necessary for her to live in and enjoy her apartment. It concluded that other, less drastic options were available to address the limitations caused by her disability, and that her proposal went beyond what the law required — particularly where the request appeared to at least be partly driven by financial considerations rather than medical necessity. However, the motivations behind the co-op’s alleged retaliatory actions could not be resolved so easily, and the court said they warranted closer scrutiny. The case serves as a reminder that board members and managing agents should proceed carefully, and consult counsel, before communicating directly with residents on sensitive accommodation or enforcement issues that could later become the basis for litigation.
Read full articleTAKEAWAY The key lesson is that no matter how outrageous the facts seem to be, a party asking for summary judgment, which is a request for the judge to decide the case without a trial, must be able to convince the court that there really are no issues of fact. Courts have long required that anyone seeking summary judgment present solid, detailed evidence showing that they are entitled to win as a matter of law and that all meaningful factual questions have been resolved. If the moving party cannot meet this high standard—because the request is premature or the evidence is incomplete—the court has no choice but to deny its motion for summary judgment.
Read full articleTAKEAWAY This case highlights the legal risks condo boards face when they postpone or mishandle disability-related accommodation requests. The Monarch board did not respond in a timely way to a request for a service dog, asked for medical records despite the condo having a stated policy against doing so and hired a psychiatrist without ever giving a clear decision on the request. Boards should respond promptly, in writing, whenever an accommodation request is made. They should also understand what qualifies as a disability under the various federal and state statutes affecting disabilities and know what documentation they are legally allowed to request. Finally, because claims against individual board members can move forward if there are allegations of their personal involvement, board members should ensure requests are handled quickly, carefully, and consistently to reduce the risk of liability.
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