coopandcondolaw

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So far coopandcondolaw has created 32 blog entries.

Happy New Year

From all of us here at Stiefel Cohen & Foote, P.C., happy holidays and a wonderful new year. We hope 2015 is your best.

By | 2015-01-05T13:26:51+00:00 January 5th, 2015|

Santa Came To Town For Music Company

The Southern District of New York has ruled that music publisher EMI can keep the rights to the 1934 Christmas song "Santa Claus Is Coming to Town" for another 25 years. The family of co-songwriter John Frederick Coots will have to wait until 2029 to open any presents. The family members sued EMI in 2011 [...]

By | 2013-12-26T22:50:13+00:00 December 26th, 2013|

Whose Lien Is On First

A mortgage lien on condominium units in foreclosure takes precedence over the condo board's lien for unpaid common charges, Manhattan Supreme Court Justice Lucy Billings ruled on Oct. 30 and as reported in the NYLJ. The case involves three residential units and one commercial garage unit in a condo building at 455 Central Park West. [...]

By | 2013-11-21T00:16:24+00:00 November 21st, 2013|

The Statute of Frauds Will Save You

Suffolk County Supreme Court Justice Emerson held that an oral agreement to take over a commercial lease violates the statute of frauds and is unenforceable. See, Soldano v. Precision CNC Corp., 35607-12, NYLJ 1202624618963, at *1 (Sup., Suf.). The heart of the decision is stated below as reported in the NYLJ. The court finds that [...]

By | 2013-10-30T14:42:13+00:00 October 30th, 2013|

Landlord Tenant Lawyers Are Held Liable For Filing Improper Eviction

Kucker & Bruh, a debt collecting law firm relied on a client's records and mistakenly went after an 82-year-old tenant in an eviction proceeding. The Southern District of New York held the firm liable for Fair Debt Collection Practices Act damages even though the filing of the eviction action was a "benign" error and it [...]

By | 2013-08-14T13:25:48+00:00 August 14th, 2013|

SC&F In The New York Law Journal

Judge Finds Prompt Pay Act Limited to Undisputed Sums By Brendan Pierson July 30, 2013 A mandatory arbitration provision of New York's Prompt Payment Act applies only to undisputed invoices, Manhattan Supreme Court Justice O. Peter Sherwood has ruled. The Prompt Payment Act requires that contractors be timely paid for their services. Under most circumstances, [...]

By | 2013-08-01T21:25:59+00:00 August 1st, 2013|

The Cat’s Out of And The Coop is Holding The Bag

A Manhattan co-op that cleaned out a tenant's garbage-filled apartment and replaced his cat litter without his permission must pay the tenant's legal fees after losing a motion for a preliminary injunction against the tenant, as reported by the NYLJ. The 3-2 Appellate Division, First Department, panel ruled on Thursday in 433 Sutton Corp. v. [...]

By | 2013-07-01T02:57:00+00:00 July 1st, 2013|

The Return Of Your Contract Deposit Party Is Over

The Second Circuit Court of Appeals has taken the opportunity to clarify the requirements of the Interstate Land Sales Full Disclosure Act ("ILSA"), a statute that, while enacted more than forty years ago, has received little attention from the federal courts until recently. In basic terms, ILSA protects individual buyers or lessees who purchase or [...]

By | 2013-04-24T12:51:33+00:00 April 24th, 2013|

In The Dog House

Nassau County District Attorney Kathleen Rice and her Garden City cooperative have reached a settlement that allows Rice to keep her Maltese and Yorkshire terrier mix. When Ms. Rice moved into the co-op in 2006, house rules allowed pets. But unbeknownst to Rice, the rules changed in May 2010 to bar pets that had not [...]

By | 2013-03-19T23:41:17+00:00 March 19th, 2013|

Put It In Writing

The Appellate Division, First Department has ruled that, a buyer who did not appear at a contractually agreed-upon closing time of a $50 million real estate deal breached his contract with the seller, even though it is undisputed that the parties met three hours after the scheduled closing time. Therefore, seller was entitled to retain [...]

By | 2013-02-21T00:12:52+00:00 February 21st, 2013|