Cooperatives and Condominiums Should Close All Gym Facilities Until Further Notice

Written By: David L. Berkey Marc J. Luxemburg Scott M. Smiler

people cardio exercising in gym

Last night, Governor Cuomo announced an Executive Order that requires all gyms to be closed until further notice. The Executive Order did not distinguish public or private gyms or gyms of a particular size, so the Order should be read as applying to all gyms of all sizes. The Executive Order reads, in relevant part: "Any gym, fitness centers or classes, and movie theaters shall also cease operation effective at 8 pm on March 16, 2020, until further notice."


We will advise our clients when there is any change of policy.

about the authors

David L. Berkey


For more than thirty years, Mr. Berkey has been a trusted advisor to numerous cooperative and condominium boards, banks, insurance companies and individuals. Mr. Berkey counsels his loyal clients regarding all issues pertaining to co-op and condo law, prepares their various contracts, handles their transactions and litigates their claims.

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Marc J. Luxemburg

Of Counsel

Mr. Luxemburg specializes in real estate law, cooperative and condominium law. A recognized authority on the legal needs of cooperatives and condominiums, Mr. Luxemburg is the President of the Council of New York Cooperatives & Condominiums, and has drafted the revised form of proprietary lease that was promulgated by the Council.

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Scott M. Smiler


For the past two decades, Scott's practice has focused primarily on transactional real estate matters — Cooperative and Condominium Board Representation; Buying and Selling of Properties; Commercial Leasing and Neighbor Access Agreements.

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