Co-op Occupant Claims He's Joint Tenant Shareholder

Co-op tenant shareholder sued apartment occupant, claiming that in 1990 they had agreed that occupant would live in the apartment without paying rent but that occupant would pay maintenance, assessments, and other charges until such time as tenant asked occupant to move out. Tenant claimed that he allowed occupant to become a joint tenant shareholder for $1 solely so that occupant could live in the apartment without objection from the co-op board. Occupant claimed that there was no such agreement but that tenant gave him a share in the apartment based on services he performed for tenant in tenant's medical practice. Occupant asked the court to dismiss the case without a trial. The court ruled against occupant, who appealed and lost. There were questions of fact that required a trial, including whether tenant gave occupant a share in the apartment and whether the written assignment of the proprietary lease was legitimate.

Lauersen v. Antonopolous: NYLJ, 7/8/14, p. 22, col. 3 (App. Div. 1 Dept.; Gonzalez, P, Acosta, DeGrasse, Freedman, Richter, JJ)