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Habitat Magazine Business of Management 2021




New Condo Going Up Next-Door: What to Do when Developer Threatens to Sue

C. Jaye Berger in Legal/Financial on October 23, 2012

New York City

Condo Developer Threatens Co-op RE Access
Oct. 23, 2012

 The client retained me to represent the building, and I was quickly able to jump in and help them. I put together a team of professionals, including a structural engineer, an expediter, a surveyor and an architect. We were all over their architectural plans and found that they wanted to do more work and intrude more than my client had imagined.

We also found an issue with the location of the property line. Over the course of a number of weeks, I was able to negotiate a much more favorable access agreement that included a sizable monthly payment to my clients for access and a huge pot of money to reimburse my clients for legal fees and consultants. 

As a result of my efforts, the developer even modified its design in the area near the property line. The project is under way, and I am still heavily involved in monitoring the progress and ensuring no damage occurs. 

Legal Lesson

Co-op and condo boards should contact special legal counsel as soon as they hear about such projects.


C. Jaye Berger is a principal of her namesake firm

Photo by Carol Ott


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