MenuClose
David H. Ostwald
New York Office

437 Madison Avenue
New York, NY 10022

P: 212-867-9500
F: 212-599-1759

Biography

David H. Ostwald concentrates his practice on all aspects of cooperative and condominium law including corporate governance, elections, disputes with sponsors, apartment occupancy, repairs, transfer fees, objectionable conduct, alterations, inspection of corporate documents, access, and imposition of assessments. He has also advised clients on drafting House Rules, amendments to the proprietary lease, bylaws and declaration, and mitigation of lawsuits.

David has been active in local politics as a member of the Executive Board of the Park River Independent Democrats and as a New York County judicial delegate.

Selected Representations

Simon Haberman v 257 Central Park West, Inc., 299 AD2d 299 (1st Dept.), affirming the right of the coop’s Board of Directors to impose assessments against the sponsor.

125 West 92nd Street Corp. adv. Leo Balk, 24 AD 3rd 194 (1st Dept.), affirming co-op Board’s election to buy out shares of dissenting shareholder who sought dissolution of the cooperative corporation.

Joint Queensview Housing Enterprise, Inc. v. Balogh, 174 AD2d 605 (2d Dept.), affirming coop Board’s authority to withhold consent to transfer of apartment from the Estate of a deceased shareholder to a surviving immediate family member.

251 CPW LLC v 257 Central Park West, Inc., 52 AD3rd 355 (1st Dept.), successfully defending claim by abutting landlord of creation of prescriptive easement on coop’s property.

257 Central Park West, Inc. v. Haberman, 2004 Slip Op 50953(u) (1st Dept.), affirming coop Board’s authority to terminate parking license.

50 Riverside Tenants Corp. V. Morales, 39 Misc. 3rd 150 (A), (App. Term, 1st Dept.), establishing the first appellate precedent for interpretation of RPAPL 711(2), the “deceased tenant” statute.

257 Central Park West, Inc. v. Abraham, 40 Misc. 3d 138 (A), (app. Term, 1st Dept.), holding that parking licensee had failed to make a prima facie showing that corporate licensor’s decision to terminate license was motivated by bad faith.

Lincoln Guild Housing Corporation v. Ovadiah, 49 Misc. 3d 147 (A), (App. Term, 1st Dept.) holding that a co-op board acted within the scope of its authority and in good faith to further its legitimate interest in terminating shareholder’s proprietary lease based on objectionable conduct.

Community Involvement

  • Yale University Mock Trial Association
    • Judge
  • Louis Armstrong House Museum
    • Board Chairman
  • National Academy of Recording Arts and Sciences
  • American Society of Composers, Authors and Publishers (ASCAP)

Honors & Awards

  • Recipient, Howell-Murray Award, University of Chicago

Professional Activities & Achievements

  • New York State Bar Association
  • New York City Bar Association

Academic Achievements

David received a J.D. degree from New York Law School.