June 2018

Jennifer L. Stewart and Gary S. Ehrlich in the Boyd Richards’ New York office successfully established a Coop’s right to exclusive use and possession of its roof, and obtained injunctive relief barring a shareholder from continuing to climb out his window onto the roof and use it as a terrace.  The shareholder claimed to have used the roof in this manner for 25 years, asserting claims that he had obtained that right either by waiver or by adverse possession.  On the Coop’s motion, New York Supreme Court rejected those claims and entered summary judgment and an injunction in favor of the Coop, which the First Department affirmed on appeal.