Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Columns & DepartmentsNew York Real Estate Law Reporter

Co-ops and Condominiums

By New York Real Estate Law Reporter Staff
February 01, 2024
|

Questions of Fact Preclude Summary Judgment on Unit Owner's Right to Exclusive Use of Outdoor Space

Heykal Properties, LLC v. 450 West 31st Street owners Corp., 2023 WL 6394576, AppDiv, First Dept. (memorandum opinion)

In commercial tenant's action for breach of the proprietary lease and breach of fiduciary duty, the commercial co-op's board and one of its board members appealed from Supreme Court's denial of their summary judgment motion. The Appellate Division affirmed, holding that questions of fact remained about whether unit owner had a right to exclusive use of adjacent outdoor space.

Commercial tenant sought to install HVAC on an outdoor space adjacent to their leased unit. The proprietary lease requires a lessee to obtain written consent of the lessor, which will not be unreasonably withheld. The co-op board rejected lessee's alteration plans, contending that lessees sought to use a common element of the building for their exclusive use. Commercial lessee then brought this action, alleging breach of the proprietary lease and one board member's breach of fiduciary duty based on her participation in matters in which she had a personal interest. Supreme Court denied the co-op board's motion for summary judgment, and the board appealed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Top 5 Strategies for Managing the End-of-Year Collections Frenzy Image

End of year collections are crucial for law firms because they allow them to maximize their revenue for the year, impacting profitability, partner distributions and bonus calculations by ensuring outstanding invoices are paid before the year closes, which is especially important for meeting financial targets and managing cash flow throughout the firm.

The Self-Service Buyer Is On the Rise Image

Law firms and companies in the professional services space must recognize that clients are conducting extensive online research before making contact. Prospective buyers are no longer waiting for meetings with partners or business development professionals to understand the firm's offerings. Instead, they are seeking out information on their own, and they want to do it quickly and efficiently.

Should Large Law Firms Penalize RTO Rebels or Explore Alternatives? Image

Through a balanced approach that combines incentives with accountability, firms can navigate the complexities of returning to the office while maintaining productivity and morale.

Sink or Swim: The Evolving State of Law Firm Administrative Support Image

The paradigm of legal administrative support within law firms has undergone a remarkable transformation over the last decade. But this begs the question: are the changes to administrative support successful, and do law firms feel they are sufficiently prepared to meet future business needs?

Tax Treatment of Judgments and Settlements Image

Counsel should include in its analysis of a case the taxability of the anticipated and sought after damages as the tax effect could be substantial.