Legal Decisions…Simplified and Specific.
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.
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Addressing 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.
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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.
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Advisory Panel
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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 See all
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.
First published: Mar 2025
Hallway HeadachesTAKEAWAY In the absence of an express written agreement or specific bylaw provision, a cooperative corporation is not obligated to repurchase common area space or shares from a shareholder-tenant who previously purchased but was unable to use such space in connection with an alteration. Here, although the co-op had agreed in principle to repurchase unused hallway space and shares from the plaintiff, in the absence of a final agreement or applicable bylaw provision, it had no obligation to do so or to waive its standard closing costs. Cooperative corporations and shareholder-tenants should consult the corporation’s bylaws to determine what terms govern the sale and later repurchase of common area space and cooperative shares. To the extent that the bylaws are silent on such issues, parties should consider including repurchase terms in any purchase and sale agreement for common area space and additional shares, to avoid a future dispute regarding the terms of repurchase by the corporation.
Read full articleFirst published: Mar 2025
Condo Board Prevails in Transfer Fee Lawsuit Due to Plaintiff's Procedural ErrorTHE LESSON FOR BOARDS This case is a clear reminder that statute and case law require that a condominium be sued in the name of its president or treasurer, and that those individuals be served on behalf of the entity. Many times, condominiums are not properly named or served but do not move to dismiss on that basis; if there are no statute of limitations issues, boards often assume the plaintiff will just do it correctly at a later date. What is interesting here is that without any indication as to why, the court ordered that costs and disbursements be awarded to the condominium. While that is likely not a large sum, it makes one wonder if the court was disturbed by the failure of the plaintiff to comply with well-settled law.
Read full articleFirst published: Feb 2025
The Price of Control: A Parc Vendome TaleTAKEAWAY Board members do not expect to incur personal liability for their service. This case is an extreme example showing that it can happen where a board has been found to have deliberately failed to follow the governing documents and contractual requirements with improper motives. The court’s ruling would seem to preclude the board members from receiving indemnification from the condominium under the bylaws, and might be excluded from coverage under the applicable directors and officers insurance policy. In the underlying suit, the commercial unit owner is seeking more than $11.5 million of damages. If upheld on appeal, the individual board members will be on the hook for the eventual award of damages and for the fees and costs of that litigation if not covered by insurance.
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