Jennifer L. Stewart
Jennifer L. Stewart is an experienced and respected litigator and trial attorney. She will tell you that litigation is a terrible way to resolve a dispute – it is time-consuming, expensive, and exhausting. But sometimes it is the only way. When it is, Jennifer is committed to doing the detailed analysis and investigation necessary to develop and present her clients’ strongest possible case. She communicates early and often with her clients about her assessment of the case, developments, likely outcomes, and potential strategy shifts, keeping clients fully up to date on what is happening with the case and what to expect next.
Knowing the ins and outs of litigation makes Jennifer uniquely positioned to assist her clients to anticipate and avoid it where possible. General counseling work is also a large part of Jennifer’s practice, and she brings her litigation background to bear to help her clients understand potential outcomes before disputes have the chance to snowball into litigation. In or out of court, Jennifer applies the same conscientious approach and prioritizes understanding and working towards her clients’ goals.
Jennifer’s background is varied, and includes three years as a clerk in the Staff Attorneys’ Office for the United States Court of Appeals for the Second Circuit, and approximately ten years of experience handling a wide variety of real estate and litigation matters, with a focus on condominium, cooperative, HOA, employment and discrimination issues. She has extensive litigation experience in New York state and federal courts, and before federal, state and local agencies, including work as appointed insurance defense counsel to employers, condominium, cooperative and non-profit boards, board members and agents. Jennifer handles all facets of litigation, including pre-litigation investigations, motion practice, trials, and appeal work.
July 2020 – A. Michael Tyler Realty v. 9 Barrow (Supreme Court, New York County) – Negotiated favorable settlement of dispute between board and terminated managing agent, following two years of litigation and favorable decisions on motions to dismiss and to quash subpoenas.
December 2019 – Reynolds v. Towers on the Park Condominium (Appellate Division, First Department)—Successfully defended condominium bylaws amendments against challenge from a unit owner claiming that the amendments were invalid because they were not timely filed with the City Register, and other arguments.
August 2019 – Donald and Maria Miller v. Barry Martin 546 Corp, et al. (Supreme Court, New York County)– Obtained decision dismissing pro se plaintiff’s complaint prior to depositions based upon plaintiffs’ multiple and repeated failures to provide complete responses to paper discovery.
August 2019 - Estate of Marlene Hazzikostas/Chantal Chamandy v. The Gramercy Company (NAM arbitration and Supreme Court, New York County) – Obtained favorable decision for a cooperative board that had rejected an existing shareholder’s application to purchase shares to combine a second and third apartment in the same building, following a three-day arbitration trial before three arbitrators. Successfully structured arbitration testimony in a way that resolved not only the arbitration but also two related litigation matters the shareholders and their sellers had commenced, including a discrimination claim.
March 2019 – Arin Cetin v. Sung Jin Choe, et al. (Supreme Court, New York County)– In three related cases involving unit owner’s claim that unidentified party had unlawfully evicted him and disposed of or converted personal property in the unit, obtained order dismissing all claims against the board of managers of the condominium and board president concerning those allegations, which decision enabled the remaining defendants to reach a favorable settlement with the plaintiff.
July 2018 – Leon v. Harlan (Supreme Court, New York County) – In case involving noise complaints between two neighboring unit owners, obtained summary judgment in favor of the board of managers on claims of nuisance, breach of contract, and breach of fiduciary duty concerning the noise dispute. This case involved claims that a professional pianist practiced too loudly and too often, and that her neighbor retaliated by banging a gong, dropping books, and blasting techno dance music, among other things.
June 2018 – Cabrera v. O’Halloran – (Appellate Division, First Department) Persuaded Appellate Division, First Department to stay trial court order authorizing dissident unit owners to call a special meeting without demonstrating that they had satisfied bylaws requirements for doing so and compelling condominium to hold such improper special meeting. First Department stayed order and condominium’s upcoming annual meeting proceeded in the ordinary course, as scheduled and noticed by the Board.
January 2018 – Petrusa v. The Condominium Board of the Kips Bay Towers Condominium (SDNY)– Negotiated a favorable settlement for the condominium board in a trademark dispute involving a shareholder operating a website and trademarking the condominium’s name.
June 2018 – Fairmont Tenants v. Braff – (Appellate Division, First Department) Successfully established a Coop’s right to exclusive use and possession of its roof, and obtained injunctive relief barring a shareholder from continuing to climb out his window onto the roof and use it as a terrace. The shareholder claimed to have been using the roof in this manner for 25 years, and asserted counterclaims that he had obtained that right either by waiver or by adverse possession. On the coop’s motion, New York Supreme Court rejected those claims and entered summary judgment and an injunction in favor of the Coop, which the First Department affirmed on appeal.
August 2017 – Edwin Dominguez and Sylvia Ramos v. United Management Corp, et al. (Supreme Court, Kings County) – In a case concerning efforts by two members of a five-member board to undo certain board actions concerning management and refinancing for the cooperative, successfully obtained summary judgment in favor of the cooperative by demonstrating that the purported resolutions of the two board members were invalid and of no effect.
Member, Brooklyn Bar Association
Member, New York City Bar Association
Member, New York State Bar Association