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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Co-ops and Condominiums

By NYRE Staff
November 01, 2021

Co-Op Entitled to Use and Occupancy Pendent Lite

Tavor v. Lane Towers Owners, Inc. NYLJ 8/13/21, p. 23, col. 1 AppDiv, Second Dept. (memorandum opinion)

In co-op unit owner's action for breach of contract, unit owner appealed from Supreme Court's award of use and occupancy pendente lite to the co-op board. The Appellate Division affirmed, holding that the board was entitled to use and occupancy based on a quantum meruit theory.

Unit owner owns the shares associated with two apartments in a Queens cooperative apartment building. In November 2013, unit owner and the co-op corporation entered into an agreement to give unit owner a maintenance credit until specified repairs were completed. In November 2015, the co-op corporation informed unit owner that the repairs were complete. Subsequently, the co-op notified unit owner that he was in breach of his proprietary lease for failure to make maintenance payments. In January 2017, unit owner brought this action for breach of contract, contending that the required repairs had not been completed. The board then moved for an award of use and occupancy pendente lite and Supreme Court granted the board's motion, ordering unit owner to pay $119,121.38 for past use and occupancy and to pay prospective use and occupancy during the pendency of the action. The court subsequently denied unit owner's motion for reargument, and unit owner appealed.

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