Jacob Amir successfully obtained summary judgment in favor of a physical therapy practice that occupied two cooperative units, and the co-op units’ two shareholders, against the building’s attempt to end the practice’s 20-year presence in the cooperative building.
In 2000, the practice converted two ground-floor units in the cooperative building from residential to commercial spaces. For the first 10 years, the practice continued to operate uninterrupted with the then-Board’s knowledge and consent, regularly paying the commercial fee imposed on commercial units. Beginning sometime in 2010 with the apparent introduction of new Board members, the Building started imposing penalties claiming illegal conversion and other charges. For nineteen years, the practice tried to work cooperatively with the Cooperative Board regarding its occupancy. In 2019, the Board served notices to evict the practice and terminate the leases held by the two cooperative unit shareholders.
The action was brought for declaratory judgment and a permanent injunction against the Co-op Board. After a long-fought discovery battle, Jacob led Zarin & Steimetz’s summary judgment victory on behalf of the clients that validated the conversion of the units for commercial use and removed significant penalties imposed. The court determined that the practice is a legitimate assignee of the shareholders and dismissed all of the Board’s affirmative defenses and counterclaims with prejudice. This finding will solidify the physical therapy practice’s legal standing moving forward as the cooperative Board continues to change membership.
