Eleven-year Co-op Litigation Ends FavorablyPermalink
Plaintiffs-shareholder/tenants sued for injunctive relief, to force their Manhattan co-op to relocate a cooling tower from the co-op roof. Plaintiffs also sought money damages for a decade of leaks allegedly caused by the cooling tower, as well as attorneys fees and punitive damages. Plaintiffs’ pretrial settlement demand was over $5 million dollars.
Justice Melissa Crane dismissed all but one claim. Plaintiffs received no damage award for the leaks, no damage award for the warranty of habitability, no injunctive relief forcing the co-op to relocate the cooling tower, no attorneys fees, and no punitive damages. The sole claim the court gave the plaintiffs has no dollar amount attached, and will be the subject of another litigation.
Art Xanthos and Jeff Miragliotta handled the trial, while Joe Rapice handled the trial motions and the briefs.