Attorney Directory

Marc J. Luxemburg is Chairman of the firm's Real Estate Department. He concentrates in real estate law, cooperative and condominium law, and civil litigation. He advises Boards concerning enforcement of lease and bylaw provisions and in resolving disputes with shareholders and unit owners

• Annual elections and special meetings
• Financing, including refinancing of mortgages
• Construction and renovation contracts
• Garage and commercial leases
• Management contracts and the role of the managing agent
• Rights of holders of unsold shares
• Sale of roof, garden, terrace, or hallway rights

Mr. Luxemburg also advises sponsors concerning offering plans for new construction and conversion projects.

Mr. Luxemburg has represented numerous buildings in litigation involving interpretation of the organic documents, and has appeared amicus curiae in a number of important cases involving the rights of cooperatives and condominiums including:

511 West 232^nd Owners Corp. v. Jennifer Realty Co., 98 N.Y.2d 144 (Court of Appeals 2002) establishing that a sponsor has an obligation to sell units so as to create a viable cooperative;
Kralik v. 239 East 79^th Owners Corp., 862 N.Y.S.2d 507, (App. Div. 1^st Dept 2008), concerning the definition of who is a holder of unsold shares;
Pelton v. 77 Park Ave. Condominium, 38 A.D.3d 1 (App. Div. 1^st Dept) (2006), concerning limitations on the liability of individual Board members;
Pekelnaya v. Allyn, 25 A.D.3d 111 (1st Dept) (2005), concerning limitations on the liability of individual condominium unit owners;
Susser v. 200 East 36^th Owners Corp., 262 A.D.2d 197 (1^st Dept), concerning enforcement of subletting rules against shareholders.

He drafted the revised form of proprietary lease that was promulgated by the Council of New York Cooperatives.

He has also written a number of articles including:
How the Warranty of Habitability Should Apply to Cooperatives, New York Law Journal, Oct. 7, 1998;
Sales of Unsold Units: A Sponsor's Obligation to Cooperatives, New York Law Journal, Feb. 15, 1995

Mr. Luxemburg is a recognized authority on the law relating to cooperatives and condominiums. He is the President of the Council of New York Cooperatives. Mr. Luxemburg has taught numerous seminars on the legal aspects of operating cooperatives, and on the role of the Board of Directors.