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Belkin Burden Wenig & Goldman, LLP

E D I T O R S

Magda L. Cruz Aaron Shmulewitz

UPDATE

Kara I. Rakowski

S E P T E M BE R | OCT OBE R 2014 | VOL U M E 3 3

L I T I G AT I O N U P DAT E

Inside This Issue LITIGATION UPDATES CERTIFICATE OF CONFORMITY – ROUND 2........................1, 2 COURT COMPELS SALE OF CONDO UNIT TO BOARD DESIGNEE........................1, 3 CO-OP / CONDO CORNER........................ 4, 5

TRANSACTIONAL UPDATE WHEN THE DEPARTMENT OF FINANCE AND THE DEPARTMENT OF BUILDINGS DISAGREE, IT CAN COST YOU....................................6

CERTIFICATE OF CONFORMITY – ROUND 2 By William Rifkin I n the April 2014 issue I discussed the necessity for a Certificate of Conformity pursuant to CPLR §2309(c) that must accompany an out-of-state affidavit. Without the Certificate of Conformity, the proponent could face the prospect that the affidavit will be ignored by the court, resulting in either the motion being denied, or granted on default. On August 13, 2014, the Second Department in

Midfirst Bank v. Mable Agho, NYLJ 1202667557305, at *1 (App. Div. 2nd, Decided August 13, 2014), brought clarity to this issue and even set forth the template form to be used so that an out-of-state affidavit will pass muster under CPLR 2309(c). The Second Department noted that certificates of conformity are used in a variety of actions: foreclosure, malpractice, slip-and-fall actions, actions under the insurance law, motor vehicle negligence actions, contact actions, or in any type of action where the affidavit is being executed by a person who does not reside in New York. continued on page 2

BBWG IN THE NEWS.........7 L I T I G AT I O N U P DAT E CASES AND TRANSACTIONS OF NOTE............................7

COURT COMPELS SALE OF CONDO UNIT TO BOARD DESIGNEE By David Brand In an apparent case of first impression, on February 25, 2014, Justice Anil C. Singh (New York Supreme Court) ruled in favor of plaintiff The South Tower Residential Board of Managers of

Time Warner Center Condominium, holding that the Board could elect to exercise its right of first refusal to purchase a condominium unit and then designate a third-party as its nominee to take title to that unit, so long as the exercise of the right of first refusal benefits the Condo unit owners. Though this decision has been appealed to the First Department and is, therefore, not yet final, continued on page 3

WE’RE GOING GREEN

Effective January 2014, BBWG has discontinued the printed copy of the Newsletter. To continue to receive the electronic version of the Newsletter, please sign up for our mailing list at www.bbwg.com.

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BBWG September/ October 2014  

BBWG Newsletter

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