Gunther v. Abrams

Appellate Division of the Supreme Court of New York

Gunther v. Abrams

189 A.D.2d 607

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

DecidedJanuary 12, 1993

StatusPublished

This text of 189 A.D.2d 607 (Gunther v. Abrams) 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

Gunther v. Abrams, 189 A.D.2d 607 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Walter M. Schackman, J.), entered on or about August 13, 1991, which dismissed the petition brought to annul a determination of the respondent Attorney-General which accepted for filing an offering plan submitted by intervenor Lincoln Guild Housing Corporation (Lincoln Guild), unanimously affirmed, without costs.

Lincoln Guild, originally organized as a mutual redevelopment company pursuant to the Private Housing Finance Law, was not subject to the anti-warehousing provisions of General Business Law § 352-eeee (2) (e) in its conversion to private ownership. General Business Law § 352-eeee regulates offering "plans”, defined as an "offering statement * * * for the conversion of a building * * * from residential rental status to cooperative or condominium ownership.” (General Business Law § 352-eeee [1] [a].) Here, Lincoln Guild was an existing cooperative prior to its conversion to private ownership. Further, deference must be given to the interpretation of the statute advanced by the Attorney-General (Matter of Lavanant v State Div. of Hous. & Community Renewal, 148 AD2d 185, 193). Concur—Milonas, J. P., Ellerin, Ross and Asch, JJ.

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Judgment, Supreme Court, New York County (Walter M. Schackman, J.), entered on or about August 13, 1991, which dismissed the petition brought to annul a determination of the respondent Attorney-General which accepted for filing an offering plan submitted by intervenor Lincoln Guild Housing Corporation (Lincoln Guild), unanimously affirmed, without costs.

Lincoln Guild, originally organized as a mutual redevelopment company pursuant to the Private Housing Finance Law, was not subject to the anti-warehousing provisions of General Business Law § 352-eeee (2) (e) in its conversion to private ownership. General Business Law § 352-eeee regulates offering "plans”, defined as an "offering statement * * * for the conversion of a building * * * from residential rental status to cooperative or condominium ownership.” (General Business Law § 352-eeee [1] [a].) Here, Lincoln Guild was an existing cooperative prior to its conversion to private ownership. Further, deference must be given to the interpretation of the statute advanced by the Attorney-General (Matter of Lavanant v State Div. of Hous. & Community Renewal, 148 AD2d 185, 193). Concur—Milonas, J. P., Ellerin, Ross and Asch, JJ.

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Bluebook (online)

189 A.D.2d 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunther-v-abrams-nyappdiv-1993.

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