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Easement on Co-op’s Property Not Ripe for Adjudication: What is an Official Action of the Board?

On Behalf of | Apr 1, 2022 | Uncategorized

The Court dismissed a lawsuit of a commercial tenant without a determination of the merits of its case. A determination of its rights to use the rear yard of the building to house and alter mechanical equipment in accordance with its proposed building plans, would have to wait for another day. The Court agreed with Attorney Sverd’s argument that the lawsuit must be dismissed because it was not ripe for adjudication, reasoning that a letter from the Co-op’s attorney and an oral statement of its Vice President to the plaintiff was not tantamount to an official Board action ‘denying the plans.’ See, 100 Wooster Store Corp. v Wooster 100 Realty LTD. Index No.: 111692/2010.

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