Vernon & Ginsburg, LLP

A recent New York Law Journal article discussing apartment alterations in co-ops and condominiums, and the importance of having board-approved alteration agreements, highlighted Babeli v. 7-11 East 13th Street Corporation, a 2003 cases involving a cooperative unit owner with such a board-approved alteration agreement.  After moving for preliminary injunction, Ms. Babeli won a court order compelling her co-op to allow her to proceed with agreed-upon alterations.  The court, reviewing the agreement the co-op board had made with the plaintiff, concluded that she should be allowed to connect her rooftop space to her apartment by a staircase as outlined in the agreement.  Further, the co-op’s stalling in coordinating the completion of the alterations-in-progress were pretext for trying to force Ms. Babeli to purchase more shares for her rooftop space, and in part because she had to live amidst ongoing construction, plaintiff met the requirements for preliminary injunction.  Ms. Babeli was represented by Mel B. Ginsburg.