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Sale at 60 East 9th Street #510

Started by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008
Discussion about 60 East 9th Street #510
The guy who paid $595,000 for this proceeded to renovate it, and had his plans approved, but the drawings didn't indicate the satellite dish and AC compressor he tried to hang on the outside of the building. (As if nobody'd notice....) There's a summary at http://decisions.courts.state.ny.us/fcas/fcas_docs/2009JUL/3001041352008001SCIV.pdf Anyway, six years later, as the case winds to a close, he did have one little victory. The judge just ruled that he's responsible for only(!) $200,000 of the co-op's legal fees, not the $310,000 the co-op says it spent. The judge said, for a cut-and-dried garden-variety case like this, the co-op didn't need such pricey representation.
Response by greenhistory
about 13 years ago
Posts: 0
Member since: Feb 2010

Is there a link to the new ruling?

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Response by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008

Not yet. That's why I didn't include it.

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Response by pier45
about 13 years ago
Posts: 379
Member since: May 2009

It makes me wonder why a responsible board would run up $310k to litigate a point that appears this clear. If I were a shareholder I would be looking at how this happened.

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Response by Sonya_D
about 13 years ago
Posts: 547
Member since: Jan 2013

pier45, good point and I agree. This financial burden is now placed on the shareholders, and I'd wonder if this is entirely 100% the guy in question's fault.

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Response by KeithB
about 13 years ago
Posts: 976
Member since: Aug 2009

Open litigation also can create problems when financing a purchase. Even though the buildings have insurance against lawsuits, the bank will want a letter stating what the maximum potential exposure is should the building lose. Very hard to get a managing agent/attorney to pen such a letter.

Keith Burkhardt
TBG

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Response by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008

The board knew it'd never have to pay, so wasn't counting the pennies. As it is, $200K of the $310K will be covered by the losing shareholder, and the board will very likely negotiate down the remaining $110K.

The shareholder, like many a litigant, may have been so convinced that he was right, or so convinced that he could win, that he didn't quite register the fact that any shareholder or condo owner who loses a case against a board is liable for all the legal fees. A good lawyer would've tried to drum that into the client. In this case, there was a dispute over which set of plans was attached to the reno application, and the lawyer may have honestly believed what the judge did not: that the set the board and managing agent saw included the satellite dish and AC compressor.

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