Court orders shareholder to produce unpaid charges.A Manhattan Civil Court judge ordered a lawyer to pay $44,000 in unpaid maintenance and special assessment charges on his luxury Park Avenue apartment. The court found that the co-op shareholder had never complained to the cooperative about most of the alleged conditions he later cited -- excess heat, foul odors Odors anosmia Medicine. the absence of the sense of smell; olfactory anesthesia. Also called anosphrasia. — anosmic, adj. halitosis bad breath; an unpleasant odor emanating from the mouth. , roaches Roaches may refer to:
"The case of 1050 Tenants Corp. vs. Lapidus gives cooperatives a significant advantage over shareholders who refuse to pay maintenance based on a |warranty of habitability' defense," says Luise A. Barrack BARRACK. By this term, as used in Pennsylvania, is understood an erection of upright posts supporting a sliding roof, usually of thatch. 5 Whart. R. 429. , litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. partner with Rosenberg & Estis, P.C., the real estate law firm that represented the co-op. "If the shareholder cannot prove he told the co-op about the alleged conditions, he loses." The court also found that the testimony by the shareholder lacked credibility, largely because he failed to allow access to the co-op to check the conditions on which he based his claims. The court stated: "It simply was not credible that a partner in a real estate firm who truly believed that his children were in danger from a lack of window guards would not send written notice other than one form, or install the guards himself." The court ruled that it would be inappropriate for the shareholder to receive "financial compensation against himself and his fellow shareholder for these complaints." "In this case," said Barrack, "the court recognized that even if the purported conditions existed, a tenant shareholder will not be entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: to an abatement A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent. With respect to estates, an abatement is a proportional diminution or reduction of the monetary legacies, a disposition of property by will, when unless the tenant establishes that notice was given and that repairs were thereafter not made. The court held, in effect, that shareholders cannot sit on their rights and expect compensation." |
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