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Marc J. Luxemburg
Partner
Tel: 212-935-3131, Ext. 354
Fax: 212-935-4514
Email:
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Areas of Practice
Experience
Mr. Luxemburg specializes 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 on subjects including:
- 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
He 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 232nd 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 79th Owners Corp., 862 N.Y.S.2d 507 (App. Div. 1st 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. 1st 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 36th Owners Corp., 262 A.D.2d 197 (1st Dept), concerning enforcement of subletting rules against shareholders.
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 and drafted the revised form of proprietary lease that was promulgated by the Council. Mr. Luxemburg has taught numerous seminars on the legal aspects of operating cooperatives and on the role of the Board of Directors.
Bar Admissions
- New York, 1963
- U.S. Supreme Court, 1968
Education
- Columbia Law School, New York, New York, 1963
> Editor, Columbia Law Review
> Harlan Fiske Stone Scholar, 1961
- Harvard University, Cambridge, Massachusetts, 1960
> A.B.
Published Works
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.
Professional Associations and Memberships
- Council of New York Cooperatives and Condominiums – President
- New York State Bar Association, Real Estate Section – Member, Condominium and Cooperatives Committee
- American Bar Association – Member
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