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Co-ops and Condominiums
Co-Op Entitled to Withhold Consent to Sublet
Orlitsky v. 33 Greenwich Owners Corp.2025 WL 676701
AppDiv, First Dept.
(memorandum opinion)
In co-op shareholder’s action against the co-op corporation, the parties cross-appealed from Supreme Court’s order denying the co-op’s motion to dismiss the causes of action for trespass, breach of the proprietary lease, breach of the implied covenant of good faith and fair dealing, and breach of fiduciary duty, but granting the co-op’s motion to dismiss the claims for breach of the implied warranty of habitability and tortious interference with contract. The Appellate Division modified to dismiss the causes of action for breach of the proprietary lease, breach of the implied covenant of good faith and fair dealing, and breach of the covenant of quiet enjoyment, and otherwise affirmed, holding that discovery was necessary to evaluate shareholder’s trespass and breach of fiduciary duty claims.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.