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Cooperatives & Condominiums

By ALM Staff | Law Journal Newsletters |
May 24, 2004

Court Will Not Take Judicial Notice of Value of Co-Op Apartment

Chadbourn & Parke, LLP v. Colman

NYLJ 4/14/04, p. 19, col. 3

Supreme Ct., N.Y. Cty

(Acosta, J.)

In a special proceeding, judgment creditor sought to compel sale of judgment debtor's cooperative apartment to satisfy outstanding judgments. The court denied the relief requested because judgment creditor had failed to establish the value of the cooperative apartment.

CPLR 5206(e) permits a judgment creditor to commence a special proceeding to compel sale of a judgment debtor's homestead if the homestead's value exceeds $10,000. Judgment creditor in this case established that there were no other liens against debtor's cooperative apartment, but failed to prove with evidence in admissible form that the value of the apartment was in excess of $10,000. In that circumstance, the court refused to take judicial notice of real estate market conditions, and therefore dismissed the complaint.

Court Will Not Take Judicial Notice of Value of Co-Op Apartment

Chadbourn & Parke, LLP v. Colman

NYLJ 4/14/04, p. 19, col. 3

Supreme Ct., N.Y. Cty

(Acosta, J.)

In a special proceeding, judgment creditor sought to compel sale of judgment debtor's cooperative apartment to satisfy outstanding judgments. The court denied the relief requested because judgment creditor had failed to establish the value of the cooperative apartment.

CPLR 5206(e) permits a judgment creditor to commence a special proceeding to compel sale of a judgment debtor's homestead if the homestead's value exceeds $10,000. Judgment creditor in this case established that there were no other liens against debtor's cooperative apartment, but failed to prove with evidence in admissible form that the value of the apartment was in excess of $10,000. In that circumstance, the court refused to take judicial notice of real estate market conditions, and therefore dismissed the complaint.

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