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Co-ops and Condominiums
No Binding Contract Between COOPA and Shareholders
Levinson v. Perry Realty Corp., 2023 WL 162877, AppDiv, First Dept. (memorandum opinion)
In an action by co-op shareholders against the co-op corporation for breach of contract, shareholders appealed from Supreme Court's grant of summary judgment to the co-op corporation dismissing the complaint. The Appellate Division affirmed, holding that the communications between the parties did not constitute a binding contract.
Shareholders own three units in the cooperative, and alleged that the co-op board contracted to sell them the roof area located directly over two of their apartments, and that the co-op refused to complete the sale. Supreme Court granted summary judgment to the co-op corporation on the ground that shareholders had failed to show that the co-op's managing agent, who allegedly contracted with the shareholders by email, had authority to contract on behalf of the co-op corporation. Shareholders appealed.
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