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Kenneth H. Amorello
New York Office

437 Madison Avenue
New York, NY 10022

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

Biography

Kenneth H. Amorello has successfully represented cooperatives and condominiums at the administrative agency, trial court and appellate levels in connection with contractual disputes, enforcement of corporate and condominium documents, as well as housing and employment discrimination claims. Ken also counsels cooperatives and condominiums on corporate governance issues involving shareholder and unit owner issues and disputes and amendments to corporate and condominium documents.

Ken has provided directors’ and officers’ liability insurance defense to cooperative and condominiums and their board members in various contexts, including contract and discrimination-related claims. He has also represented lending institutions, manufacturing concerns, real estate developers, sponsors, business clientele and a major New York State agency in real estate, commercial and employment-related litigation.

Ken has lectured on cooperative and condominium governance issues before the New York City Bar Association.

Selected Representations

  • Ken successfully argued in the Appellate Division, First Department that a Park Avenue cooperative client was not obligated to comply with preferential sale and subletting provisions afforded to “original purchasers” of the cooperative conversion under the offering plan and proprietary lease, notwithstanding that plaintiff-shareholder had relied on such preferential subletting provision when purchasing the apartment, and in subletting same for over 20 years.
  • Obtained reversal by the Appellate Division, First Department of a Supreme Court decision denying a summary judgment motion of defendant-cooperative because the cooperative board failed to establish that it acted in good faith; in an oft-cited 1999 decision, the Appellate Division held that the shareholder, not the cooperative, has the initial burden of demonstrating bad faith.
  • Defended condominium in an Article 78 election challenge and in the subsequent appeal before the Appellate Division, Second Department, which upheld the election.
  • Represented a condominium in an action commenced by smaller neighboring landowner to compel condominium to erect and maintain landowner’s chimney.
  • Represented cooperative board accused of sexual orientation discrimination, ultimately resulting in dismissal of action.
  • Represented cooperatives in connection with noise disputes with shareholders.
  • Represented cooperatives in connection with apartment alteration disputes.
  • DeSoignies v. Cornasesk House Tenants’ Corp., 21 A.D. 3d 715, 800 N.Y.S.2d 679, 2005 WL2099821, (1st Dept. 2005)
  • Spiegel v. 1065 Park Ave. Corp., 305 A.D. 2d 204, 759 N.Y.S.2d 461 (1st Dept. 2003)
  • Jones v. Surrey Co-op Apartments, Inc., 263 A.D. 2d 33, 700 N.Y.S.2d 118 (1st Dept. 1999)

Selected Publications

Professional Activities & Achievements

  • New York State Bar Association
  • New York City Bar Association
    • Condo and Co-Op Committee (2006-2007)

Academic Achievements

Ken received a J.D., degree, magna cum laude, from Benjamin N. Cardozo School of Law, where he was on the Moot Court Board as a Competitions Editor.