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Adam Leitman Bailey, P.C. Prevailed Into Allowing Family Into Cooperative Unit Despite Cooperative’s Claim That Subletting Rules Denied Entrance: Kips Bay Co-op Allows Man to Move into ‘ Ancestral Home ’

By: Sarah Polsky

August 18th, 2011

An aspiring resident of 165 East 32nd Street’s The Byron got into a little tussle with the co-op board last week, when the board refused to let him move in to an apartment owned by his parents. The board argued that because David Moldawer’s parents don’t actually live in the apartment (previously occupied by his grandparents), he and his family would be subject to the usual new resident admissions process, aka the co-op board gauntlet. Moldawer’s strategy: get powerhouse attorney Adam Leitman Bailey on his side.

That seems to have worked—the case has been settled, a tipster tells us, and the family will be moving in with no board initiation requirement. According to the settlement, Moldawer “is recognized as a lawfully proper resident of the subject premises together with his wife and children…subject to the same rules and regulations as any other resident family members occupying premises in the building where the premises are located by virtue of their status as family members of shareholders.” That was easy! And hey, the settlement even allows the family to get a dog.


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