PRACTICE AREAS
Condominium and Cooperative Disputes
Joanna C. Peck represents unit owners and cooperative shareholders in disputes with their Boards and neighbors concerning issues such as claims of discrimination, breach of contract, breach of fiduciary duty, negligence, noise violations, and nuisances.
Townhouse and Neighboring Property Disputes
Joanna C. Peck represents townhouse owners in disputes with their neighboring properties concerning multiple issues such as party wall disputes, noise disputes, nuisances, and adverse possession.
Real Property Actions and Proceedings Law (“RPAPL”) § 881 and License Agreements
RPAPL § 881 provides: When an owner or lessee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the owner or lessee without entering the premises of an adjoining owner or his lessee, and permission so to enter has been refused, the owner or lessee seeking to make such improvements or repairs may commence a special proceeding for a license so to enter pursuant to article four of the civil practice law and rules. The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought. Such license shall be granted by the court in an appropriate case upon such terms as justice requires. The licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.
Representing both developers and adjacent owners in the drafting of license agreements for temporary access relating to adjacent renovation, demolition, support of excavation, foundation, and construction projects, Local Law 11 work, and other repair work, Joanna C. Peck has established herself as one of the leading attorneys in the negotiations of license agreements and RPAPL § 881 actions.
Please see the attached article by Joanna C. Peck in the New York Law Journal regarding RPAPL § 881 actions.
https://www.law.com/newyorklawjournal/2018/02/20/negotiating-rpapl-§881-license-agreements/
Adjacent Construction Disputes
Joanna C. Peck represents property owners in actions against adjacent developers concerning building movement, and other structural damage incurred to their buildings caused by neighboring construction projects.
Working closely with her clients and technical professionals, Ms. Peck assesses the totality of damage to her client’s buildings, and the specific acts of negligence by the adjacent developer, and its professionals, to determine the causality of building damage in order to effectively prosecute her clients’ cases.
Please see the attached panel discussion conducted by the Center for Architecture on The Forensics of Architecture: CSI of Buildings that Ms. Peck participated:
https://www.centerforarchitecture.org/video/the-forensics-of-architecture-csi-of-buildings-06-05-2019/
Please see the Habitat Magazine's interview with Ms. Peck regarding license agreements for condominium and cooperative buildings:
https://youtu.be/rKUEaA-j9RA
Business Corporation Law ("BCL") §§ 1104-a and 1118
BCL § 1104-a provides:
(a) The holders of shares representing twenty percent or more of the votes of all outstanding shares of a corporation . . . entitled to vote in an election of directors may present a petition of dissolution on one or more of the following grounds:
(1) The directors or those in control of the corporation have been guilty of illegal, fraudulent or oppressive actions toward the complaining shareholders;
(2) The property or assets of the corporation are being looted, wasted, or diverted for non-corporate purposes by its directors, officers or those in control of the corporation.
BCL § 1118 provides:
(a) In any proceeding brought pursuant to BCL 1104-a of this chapter, any other shareholder or shareholders or the corporation may, at any time within ninety days after the filing of such petition or at such later time as the court in its discretion may allow, elect to purchase the shares owned by the petitioners at their fair value and upon such terms and conditions as may be approved by the court, including the conditions of paragraph (c) herein. An election pursuant to this section shall be irrevocable unless the court, in its discretion, for just and equitable considerations, determines that such election be revocable.
(b) If one or more shareholders or the corporation elect to purchase the shares owned by the petitioner but are unable to agree with the petitioner upon the fair value of such shares, the court, upon the application of such prospective purchaser or purchasers or the petitioner, may stay the proceedings brought pursuant to § 1104-a of this chapter and determine the fair value of the petitioner's shares as of the day prior to the date on which such petition was filed, exclusive of any element of value arising from such filing but giving effect to any adjustment or surcharge found to be appropriate in the proceeding under § 1104-a of this chapter. In determining the fair value of the petitioner's shares, the court, in its discretion, may award interest from the date the petition is filed to the date of payment for the petitioner's share at an equitable rate upon judicially determined fair value of his shares.
Leveraging her prior business background, Joanna C. Peck represents shareholders of properties in actions commenced under BCL § 1104-a based on allegations oppressive, fraudulent, and other illegal conduct. Ms. Peck also represents property owners in trial proceedings on the determination of the fair value of the corporation under § 1118.
Architectural Malpractice
Joanna C. Peck represents commercial and residential property owners in actions against architects concerning claims of malpractice relating to renovation and construction projects.
Local Law 11
§ 27-129 of the Local Laws of the City of New York requires that owners of buildings greater than six stories, perform periodic inspections of the exteriors of their buildings to ensure they are maintained in a safe condition.
Joanna C. Peck assists building owners in performing this statutory required work, and gaining licensed access to adjoining properties to install the required protections.
Local Law 126 - New York City Parking Structures and Garages
Local Law 126 is setting new requirements for owners of parking structures and garages to periodically inspect for deteriorated conditions and identify safety concerns and needed repairs. In condominium and cooperative buildings, this creates questions regarding who is responsible for the costs and performance of such repairs.
Working closely with a team of technical professionals, Joanna C. Peck represents owners in determining the causality of the deteriorated conditions, and assessing the buildings’ governing documents to determine the party responsible for the costs and performance of such repairs.
Environmental Control Board and Administrative Hearings
Joanna C. Peck represents property owners for violations issued by the New York City Department of Buildings and the New York Fire Department.
Taking a hands-on approach, Ms. Peck also works collaboratively with her clients and the technical professionals to resolve the underlying issues at the properties in order to mitigate the risk of future violations.