New York City Real Property Litigator

New York City Real Property Litigator

Practical Solutions In Court and Out

Category Archives: Co-ops and Condos

Subscribe to Co-ops and Condos RSS Feed

Condominium’s consolidated mortgage trumps board’s statutory lien

Posted in Co-ops and Condos
AMT CADC Venture v. 455 CPW, Supreme Court, New York County Index No. 810109/2011 In this mortgage foreclosure action, the court addressed the issue of what constitutes a “first mortgage” for purposes of Real Property Actions and Proceedings Law 339-z.  This statute provides that the condominium will have a priority lien for unpaid common charges… Continue Reading

Co-op successfully terminates proprietary lease for “objectionable conduct”

Posted in Co-ops and Condos
1855 7 Ave. Housing Dev. Fund v. Wigfall, New York County Landlord-Tenant Court, Index No. 81069/2010 In this residential landlord-tenant case, a co-op board was successfully able to terminate a tenant-shareholder’s proprietary lease based upon objectionable conduct in violation of the House Rules and  the Proprietary Lease that created a nuisance and an unhealthy and unsafe… Continue Reading

Hearing ordered on whether notice of a co-op non-judicial foreclosure was valid

Posted in Co-ops and Condos
Waithe v. Citigroup, Inc., Kings County Supreme Court, Index No. 24434/2012 As most real estate lawyers understand, co-0p owners do not own real estate.  They own stock in a cooperative apartment corporation and an appurtenant proprietary lease.  Therefore a co-op is not technically “mortgaged,” but rather a co-op loan is secured by a lien on… Continue Reading

Board mandated changes to co-op apartment did not constitute irreparable harm

Posted in Co-ops and Condos
Goldstone v. Gracie Terrace Apartment Corp., Appellate Division, First Department Index No. 604235/2007 This case confirms that irreparable harm is a critical element of any application for injunctive relief. After suffering extensive damage to her co-op apartment, the co-op proposed repairs to the apartment that would have reduced the square footage of the 1,400 square… Continue Reading