David L Berkey

David L Berkey

February 10, 2022 | New York Law Journal

Cooperative Boards of Directors Do Not Have Unlimited Power To Reject Proposed Purchasers

When a board acts contrary to restraints set forth in the cooperative's proprietary lease, it risks suit by the aggrieved seller to force the board to approve the sale to the proposed purchaser and, in addition, to recover the seller's attorney fees and damages for the seller's costs incurred to carry the apartment until the court-ordered transfer occurs. This is what happened in 'Kotler v. 979 Corp.'

By David L. Berkey

7 minute read

January 26, 2015 | New York Law Journal

The Problem of Short-Term Rentals

David L. Berkey, Chair of the Real Property Law Section, analyzes issues surrounding short-term apartment rentals by tenants and owners of Class A multiple dwellings.

By David L. Berkey

4 minute read

January 22, 2015 | New York Law Journal

The Problem of Short-Term Rentals

David L. Berkey, Chair of the Real Property Law Section, analyzes issues surrounding short-term apartment rentals by tenants and owners of Class A multiple dwellings.

By David L. Berkey

4 minute read