Berglund v. 411 East 57th Corp.

Appellate Division of the Supreme Court of New York

Berglund v. 411 East 57th Corp.

118 A.D.2d 431, 499 N.Y.S.2d 715, 1986 N.Y. App. Div. LEXIS 54322

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1986

StatusPublished

Cited by1 cases

This text of 118 A.D.2d 431 (Berglund v. 411 East 57th Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berglund v. 411 East 57th Corp., 118 A.D.2d 431, 499 N.Y.S.2d 715, 1986 N.Y. App. Div. LEXIS 54322 (N.Y. Ct. App. 1986).

Pincite

Opinion

— Order, Appellate Term, First Department (127 Misc 2d 58), entered February 1, 1985 which reversed the judgment of the Small Claims Part of the Civil Court, New York County (David Saxe, J.) (122 Misc 2d 702), entered January 26, 1984, dismissing the complaint, and which granted judgment to plaintiff in the sum of $1,500, unanimously affirmed, without costs and without disbursements.

The board of directors of defendant cooperative corporation acted without authority when it imposed a transfer tax in the amount of 1% of the sales price upon the transfer of the shares allocated to plaintiff’s apartment to a third party.

The transfer tax was not specifically authorized in the proprietary lease or in the cooperative’s bylaws. Nor was it approved as a modification or alteration of the lease or bylaws by a required affirmative vote of the shareholders (330 W. End Apt. Corp. v Kelly, 66 NY2d 556). Concur — Kupferman, J. P., Ross, Asch, Fein and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order, Appellate Term, First Department (127 Misc 2d 58), entered February 1, 1985 which reversed the judgment of the Small Claims Part of the Civil Court, New York County (David Saxe, J.) (122 Misc 2d 702), entered January 26, 1984, dismissing the complaint, and which granted judgment to plaintiff in the sum of $1,500, unanimously affirmed, without costs and without disbursements.

The board of directors of defendant cooperative corporation acted without authority when it imposed a transfer tax in the amount of 1% of the sales price upon the transfer of the shares allocated to plaintiff’s apartment to a third party.

The transfer tax was not specifically authorized in the proprietary lease or in the cooperative’s bylaws. Nor was it approved as a modification or alteration of the lease or bylaws by a required affirmative vote of the shareholders (330 W. End Apt. Corp. v Kelly, 66 NY2d 556). Concur — Kupferman, J. P., Ross, Asch, Fein and Kassal, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

118 A.D.2d 431, 499 N.Y.S.2d 715, 1986 N.Y. App. Div. LEXIS 54322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berglund-v-411-east-57th-corp-nyappdiv-1986.

Opinion

Related

Cite This Page — Counsel Stack