Wednesday, May 24, 2017

STATUTE OF LIMITATIONS IN ACTIONS AGAINST CO-OP BOARD



Herriott v. 206 W. 121st ST., 2017 NY Slip Op 30218 - NY: Supreme Court 2017:

""Generally, the applicable statute of limitations depends upon the substantive remedy sought" (Board of Managers of Bayside Plaza Condominium v. Mittman, 43 Misc.3d 1208(A), 990 N.Y.S.2d 436 [Supreme Court, New York County 2014]). "When the relief sought is equitable in nature, the six-year limitations period found in CPLR 213(1) applies" (Board of Managers of Bayside Plaza Condominium, supra citing Kaufman v. Cohen, 307 A.D.2d 113, 760 N.Y.S.2d 157 [1st Dept 2003]).

Nevertheless, any allegations that the Co-op was acting "in violation of its own governing documents," are subject to "the four-month statute of limitations associated with Article 78 proceeding" (Konigsberg v. 333 East 46th St. Apartment Corp., 2016 WL 3455940 (N.Y.Sup.), 2016 N.Y. Slip Op. 31180(U) (emphasis added) citing see e.g. Katz v Third Colony Corp., 101 AD3d 652, 653 [1st Dept 2012] [allegations that defendant cooperative acted beyond the powers granted to them in the cooperative's governing documents are governed by the four month statute of limitations for an Article 78 proceeding]; and Buttitta v Greenwich House Coop. Apts., Inc., 11 AD3d 250 [1st Dept 2004]). And, even actions that are allegedly violative of the BCL are governed by the four-month statute of limitations (see e.g., Lindkvist v. Honest Ballot Ass'n, 31 Misc.3d 1234(A), 932 N.Y.S.2d 761 (Table), 2011 (stating, The court's jurisdiction flows from BCL § 619 to which a four-month Statute of Limitations applies"))."

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