Judge Who Lives in Building Stays on Co-op Dispute Case

August 31, 2007

LVT Number: #19818

Tenant cooperative shareholder and her life partner owned an apartment. After the couple broke up, tenant's father sued tenant's former partner, claiming that he had rights and an interest in the apartment. The judge in the case advised both sides that she owned an apartment in the building, and tenant's father asked the judge to excuse herself from hearing the case. He argued that the judge had a financial interest in the outcome of the case because she was a shareholder in the cooperative corporation. The judge refused.

Tenant cooperative shareholder and her life partner owned an apartment. After the couple broke up, tenant's father sued tenant's former partner, claiming that he had rights and an interest in the apartment. The judge in the case advised both sides that she owned an apartment in the building, and tenant's father asked the judge to excuse herself from hearing the case. He argued that the judge had a financial interest in the outcome of the case because she was a shareholder in the cooperative corporation. The judge refused. She ruled that nothing in the facts, circumstances, or law in the case would cause her to be unfair or impartial.

Avery v. Caldwell: NYLJ, 8/7/07, p. 25, col. 1 (Sup. Ct. NY; Goodman, J)

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