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“Man Files Lawsuit Against Kips Bay Co-op to Live In Parents’ Home,” The Real Deal

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By: David Jones

August 16th, 2011

A man is suing a Kips Bay co-op because he is being blocked from moving into his parents’ home, DNAinfo reported.

David Moldawer grew up at the Byron at 165 East 32nd Street, where, in addition to his parents, his grandparents also lived. His parents own three units, including the one where the grandparents lived, in the 20-floor building.

Moldawer had planned to move his wife and two year old son into one of the units that his grandparents had occupied. But the co-op’s board blocked them from moving in when they heard of the plan.

Because the family would be moving in to a separate unit from the one where Moldawer’s parents live, Moldawer is considered a new tenant subject to the board’s standard admission procedures, he says. His lawyer argues that it is very common for New York City families to own multiple units simultaneously, even if not on the same floor.

“The law is very realistic about the fact that sometimes people need more space than is contained within one particular unit that has a particular door number,” the lawyer said. But on Friday, the superintendent said he had received instructions not to let the family move in.


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