Sherman Tells NYT What Happens When New Construction Blocks Lot-Line Views
Partner Eric D. Sherman, a member of Pryor Cashman’s Litigation and Real Estate Groups, was featured in a recent New York Times “Ask Real Estate” piece discussing the legal rights of co-op shareholders whose lot-line windows become obstructed by newly-erected buildings.
In response to one NYT reader’s query, does a co-op have an obligation to cosmetically alter the interior – i.e. a kitchen – of an apartment containing lot-line windows when a newly-constructed adjacent building obstructs those windows, Sherman explained: “Once the adjoining building goes up, [a] co-op will be required to seal up the former windows, in compliance with building and fire codes.”
“However,” Sherman said, “it is unlikely that the co-op would be obligated to make any cosmetic changes to the apartment. The governing documents for almost all co-ops require the cooperative to maintain the exterior of the building and the building systems, while shareholders are responsible for alterations within the apartment.” And, since a kitchen is inside an apartment, shareholders “will likely have to pay for whatever cosmetic changes are necessary” to avoid having to face a wall where a window once was.
The full NYT article can be viewed here.
More About Sherman’s Practice
Eric D. Sherman maintains a nationally-recognized real estate litigation practice, where he represents clients in both commercial and residential matters. For the last three years, he has been named to the Super Lawyers “Top 100” list for his exceptional work in this area.
Sherman is a frequent contributor to The New York Times and numerous other publications on topics related to real estate and litigation.
To learn more about his practice, please visit here.
