Warshaw Burstein’s Bruce H. Wiener and Slava Hazin teamed up with Lauren De Lotto of De Lotto PLLC to achieve a major victory for their client. In Southgate Owners Corp. v. Esposito, Index No. 153710/2024 (Sup. Ct., N.Y. Co.) (July 24, 2025), Justice Lyle E. Frank granted Defendant’s motion for summary judgment dismissing the complaint and for an award of attorneys’ fees, and denied Plaintiff’s cross-motion for summary judgment.

Defendant, a long-time owner of a duplex cooperative apartment in Sutton Place, had a dispute with her cooperative concerning its belated attempt to allocate additional shares to her apartment as a result of the enclosure of outdoor space in 1996, and charge her for her share of the cooperative operating expenses, retroactively to 1996, despite the fact that the cooperative did not attempt to allocate the additional shares until 2024.

The Court ruled that the cooperative’s claim was time-barred under a 6-year Statute of Limitations, and that because of Defendant’s successful defense of the action, she was entitled to recover her attorneys’ fees of the action.
 

Bruce H. Wiener and Slava Hazin are partners in the firm’s Litigation Department.
 

The Court’s decision is linked below.