Estate of Del Terzo v. 33 Fifth Avenue Owners Corp.

New York Court of Appeals

Estate of Del Terzo v. 33 Fifth Avenue Owners Corp.

68 N.E.3d 90, 28 N.Y.3d 1114

New York Court of Appeals·Decided December 20, 2016·Published·Cited by 7 cases

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not err in holding defendant 33 Fifth Avenue Owners Corp. breached paragraph 16 (b) of its proprietary lease by unreasonably withholding consent to transfer shares allocated to an apartment and the lease ap[1116]*1116purtenant thereto from plaintiff Estate of Helen Del Terzo to plaintiffs Michael Del Terzo and Julius Robert Del Terzo. Defendant’s remaining arguments are unavailing.

Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.

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

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not err in holding defendant 33 Fifth Avenue Owners Corp. breached paragraph 16 (b) of its proprietary lease by unreasonably withholding consent to transfer shares allocated to an apartment and the lease ap[1116]*1116purtenant thereto from plaintiff Estate of Helen Del Terzo to plaintiffs Michael Del Terzo and Julius Robert Del Terzo. Defendant’s remaining arguments are unavailing.

Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.

Estate of Del Terzo v. 33 Fifth Avenue Owners Corp., 68 N.E.3d 90, 28 N.Y.3d 1114 (N.Y. 2016).

Pincite

68 N.E.3d 90 (Estate of Del Terzo v. 33 Fifth Avenue Owners Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related