NEWS

No Smoking!

Court: Condo Association Has the Right to Amend Bylaws to Bar Smoking Within Individual Units.

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Super Lawyers

Congratulations to Thomas W. Smith, Jeffrey D. Buss and Michael Mauro, who were all selected as Super Lawyers by their peers! The firm is also pleased to announce that Jennifer L. Stewart was chosen as a Super Lawyers Rising Star!

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SBJ Prevails in a Case Regarding Homeowner Control of a Residential Cooperative

Jennifer L. Stewart, a member of the litigation department of Smith Buss & Jacobs, LLP, has won a major case for her client involving a sponsor’s obligation to relinquish control of the Board of Directors of a residential cooperative. The decision of Supreme Court Judge Ellen M. Coin, in 420 West 206th Street Owners Corp. v. Edward Lorick, et al. discusses the conflict between a sponsor’s obligation to relinquish control of a residential cooperative and the right of a sponsor shareholder to vote its shares, and addresses the different manners in which this issue has been interpreted by the Courts of [...]

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Ken Jacobs and Jack Malley Win Cooperative Apartment Transfer Case

Smith, Buss & Jacobs partners Ken Jacobs and Jack Malley have won a ground-breaking case concerning a cooperative apartment transfer through a decision issued by the New York Supreme County Judge Ellen Coin. In Estate of Helen Del Terzo, et al v. 33 Fifth Avenue Owners Corp., Index No. 154950/2012, the estate of a deceased co-op shareholder, Helen Del Terzo, submitted an application to the co-op board for the transfer of her apartment to her two sons, Michael and Robert Del Terzo. The co-op board denied the transfer application even though the family had lived in the Manhattan building for [...]

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Let’s Slap A Pair of Cuffs on Him

Kenneth Jacobs participates in this week’s Habitat Magazine’s Legal Talk podcast giving advice regarding board members who govern for personal gain.

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War of the Worlds: Collecting Condo Arrears When the Bank Looms

Kenneth Jacobs details Condominium Collections in the latest newsletter from the Community Associations Institute.

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David Menken Speaks on Privacy Law and Data Breaches

David Menken participated in a panel discussion on privacy law and data security sponsored by the Westchester County Bar Association. He lectured on Identity Theft, Social Engineering and Privacy Law to a group sponsored by the Westchester County Bar Association and the Financial Planning Association of the Greater Hudson Valley. David's presentation focused on the principles of privacy law and laws regarding requirements for notification of data breaches and steps necessary for individuals and companies to minimize risks of identity theft by implementing "best practices" privacy and data security policies.

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Kenneth Jacobs featured in Habitat Magazine’s Attorney Survey

All boards have a natural tendency to protect the majority of their owners from the risky or distributing activities of a few whose behavior may not fit the expectations of the community. However, evolving interpretations of state and federal laws grant additional protections to many of these persons, especially older and disabled residents, as well as families with children. Government and advocacy groups have also increased members' awareness of their rights, forcing boards to adjust.

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Smith Buss & Jacobs Successfully Defends Newspaper Reporter

Smith Buss & Jacobs attorney David Menken successfully argued on behalf of a newspaper reporter that a Subpoena to compel him to testify in a civil trial should be quashed because the reporter was protected by the New York's Shield Law.  The judge ruled that the Subpoena failed to overcome the qualified reporter's privilege that applies to unpublished, non-confidential news-gathering materials of a news journalist. The privilege is available to journalists in civil and criminal matters.  In order to require a reporter to testify and to provide materials set forth in a Subpoena, the person serving the Subpoena must [...]

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Reasonable Accommodations

Kenneth Jacobs and Jennifer Stewart participate in Habitat Magazine video: You are a board director in a no-pet building. And you're happy about it.  But an owner has come to you and said "I need an emotional support pet." Welcome to the world of reasonable accommodations. In this video you'll learn what you have to accommodate, when it is necessary, and how to do it.

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