Shareholder Tenant's Lawsuit Against Co-op Board Dismissed

Cooperative shareholder tenant sued landlord cooperative corporation to challenge amendments to her apartment's proprietary lease. Tenant claimed that landlord acted in bad faith. Landlord had amended the proprietary lease to say that shareholders' family members or domestic employees could occupy the apartment "while the lessee or the lessee's spouse or domestic partner are in residence." Tenant claimed this amendment should be void and unenforceable, so that family members could occupy her apartment whether or not she was in residence. The court ruled against tenant, who appealed and lost. Tenant's claim was barred by a four-month statute of limitations on proceedings against bodies such as cooperative boards. Tenant didn't comply with the four-month limit to sue, so her case must be dismissed.

Ciccone v. One West 64th Street, Inc.: Index No. 8912-651748/16, 2019 NY Slip Op 02636 (App. Div. 1 Dept.; 4/4/19; Friedman, JP, Gische, Kapnick, Webber, Gesmer, JJ)