Richard Siegler

March 04, 2015 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: In New York, both the law and co-op and condominium governing documents continue to lag behind innovation in technology. Therefore, there is currently great uncertainty as to whether notices of board and apartment owner meetings sent by email are sufficient to fulfill the notice requirements imposed by co-op and condominium governing documents.

By Richard Siegler and Eva Talel

13 minute read

March 03, 2015 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: In New York, both the law and co-op and condominium governing documents continue to lag behind innovation in technology. Therefore, there is currently great uncertainty as to whether notices of board and apartment owner meetings sent by email are sufficient to fulfill the notice requirements imposed by co-op and condominium governing documents.

By Richard Siegler and Eva Talel

13 minute read

January 07, 2015 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: When the First Department issued its 2012 decision in 'Fletcher v. Dakota,' it sent a shock wave through the co-op and condominium community. At that time, many viewed the Fletcher decision as an alarming threat to protection from personal liability for board members and a marked departure from prior case law. Two years after 'Fletcher,' this column analyzes whether it has had the feared impact and is appropriately viewed as a departure from prior case law.

By Richard Siegler and Eva Talel

14 minute read

January 06, 2015 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: When the First Department issued its 2012 decision in 'Fletcher v. Dakota,' it sent a shock wave through the co-op and condominium community. At that time, many viewed the Fletcher decision as an alarming threat to protection from personal liability for board members and a marked departure from prior case law. Two years after 'Fletcher,' this column analyzes whether it has had the feared impact and is appropriately viewed as a departure from prior case law.

By Richard Siegler and Eva Talel

14 minute read

November 05, 2014 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write that transfer fees have become an important source of revenues for many co-ops. As such, the federal income tax treatment of such fees raises an important issue: Are these fees to be characterized and treated as income derived from shareholders or as contributions to the co-op's capital?

By Richard Siegler and Eva Talel

10 minute read

September 03, 2014 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel discuss recent case law applying the warranty of habitability to secondhand smoke, noise, mold, lead-based paint and bedbug conditions, as well as the availability of punitive damages in connection with uninhabitability claims.

By Richard Siegler and Eva Talel

17 minute read

July 02, 2014 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write that although there have been a number of decisions in the last several years refusing to summarily protect condo or co-op boards under the business judgment rule, the courts' reasoning has remained the same since the rule's inception. When boards act in good faith, within their authority, and in furtherance of a legitimate corporate purpose, their actions will not be questioned by a reviewing court.

By Richard Siegler and Eva Talel

13 minute read

March 05, 2014 | New York Law Journal

In their Cooperatives and Condominiums column, Stroock & Stroock & Lavan's Richard Siegler and Eva Talel write: For a board trying to maintain a harmonious environment, a muted response, or none at all when the owner community is indifferent, may seem applicable when faced with non-residential use of a residential apartment. But while complacent deference may seem pragmatic, a hidden danger may be percolating.

By Richard Siegler and Eva Talel

12 minute read

January 08, 2014 | New York Law Journal

In their Cooperatives and Condominiums column, Stroock & Stroock & Lavan's Richard Siegler and Eva Talel discuss subrogation and the waiver of subrogation, policy considerations in determining whether a waiver of subrogation is appropriate in shared housing communities, and case law regarding enforceability of a subrogation waiver.

By Richard Siegler and Eva Talel

13 minute read

November 06, 2013 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel of Stroock & Stroock & Lavan discuss pro-employee decisions in hostile work environment discrimination cases and make recommendations to boards and managers as to how to protect their buildings and themselves from such claims, as well as how to have such claims determined in a non-public and binding arbitration forum and to mitigate damages should claims be asserted.

By Richard Siegler and Eva Talel

12 minute read