Adam Leitman Bailey, P.C. Prevails on Appeal in Favor of Holocaust Survivor Rejected From Cooperative Board and Makes New Law Giving Non-Shareholder/Contract Vendee the Right to Sue
Sinensky vs. Rokowsky
Supreme Court, Appellate Division: First Department
Holocaust Survivor Wins Legal Battle, New Home
THERE’S A HAPPY ENDING in sight for a disabled Holocaust survivor who has been living as a virtual prisoner in his Brooklyn home.
After two years of legal wrangling, tomorrow Chaim Indig, who uses a wheelchair, is set to move into a handicapped-accessible co-op in Premier House – a luxury Midwood building whose board initially had turned him away.
“He indicated he’s excited about the move,” said his daughter, Shevie Sinensky, who must speak for Indig because Parkinson’s disease has robbed him of the ability to talk. “I am grateful to God he will finally have a comfortable home to live the rest of his life in dignity and comfort.”
The Borough Park house he’s vacating has ten steps outside the front door, so he can’t get out without a stretcher and two men to carry it.
The apartment where Indig, 83, a survivor of Auschwitz, and his wife, Sara, will live has handicapped-accessible elevators. He can join other elderly residents who sit outside the building in wheelchairs, Sinensky said. He also will be able to get fresh air on his own terrace, and use a wheelchair-accessible shower instead of taking sponge baths.
Indig gets to live the rest of his life in freedom and peace, without the bars of his Holocaust prison or the steps of his house,” said Adam Bailey, who had been the Indigs’ lawyer.
Son-in-law Gary Sinensky bought the $412,500 co-op at 1401 Ocean Ave. for Indig after a legal settlement with the Premier House board. The seller was board member Solomon Rokowsky, who purchased the flat after Indig was turned down in his bid to buy it in March 2004.
The Indigs and Gary Sinensky had sued Rokowsky and other board members, alleging discrimination against Indig because of his disability.
Brooklyn Supreme Court Justice David Schmidt dismissed the discrimination charge. But an appeals court reversed that decision, and Schmidt pressed everyone to make peace.
“The judge used his good offices to bridge the gap between the two parties,” said Israel Goldberg, a lawyer for the board. “There’s no animus.”
lcroghan@nydailynews.com
It should be noted that besides the tremendous victory for this man who had been through so much, this case also established a new precedent. This case allowed a non-shareholder/contract vendee who is “not a party to the proprietary lease between the corporation and the seller” to have the standing or the ability to sue the board of directors of the cooperative. This ruling had been affirmed by the Appellate Division and has stood as a law in New York since October 11th 2005 and has not be reversed through today. So as they say bad facts make bad law, very good facts make very good law. This case has benefited hundreds, if not thousands, contract vendees in cases against boards.