Johnson v. 89th & Madison Owners Corp.

Appellate Division of the Supreme Court of New York

Johnson v. 89th & Madison Owners Corp.

248 A.D.2d 155, 670 N.Y.S.2d 759, 1998 N.Y. App. Div. LEXIS 1974

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

DecidedMarch 5, 1998

StatusPublished

This text of 248 A.D.2d 155 (Johnson v. 89th & Madison Owners 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

Johnson v. 89th & Madison Owners Corp., 248 A.D.2d 155, 670 N.Y.S.2d 759, 1998 N.Y. App. Div. LEXIS 1974 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, New York County (Charles Ramos, J.), entered March 3, 1997, which, inter alia, granted defendants’ motion pursuant to CPLR 3211 to dismiss the complaint and denied plaintiff’s cross motion to amend the complaint, unanimously affirmed, with costs.

The IAS Court properly found that the documentary evidence conclusively establishes that plaintiff was not a bona fide tenant of the subject apartment at the time the conversion plan for the building in which the apartment was located was offered for filing. Plaintiff, therefore, neither had nor could have been deprived of the right to purchase the apartment as an insider. We have considered plaintiff’s various and largely factual arguments to the contrary and find them to be without merit.

Concur — Sullivan, J. P., Milonas, Williams, Andrias and Saxe. JJ.

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

—Order, Supreme Court, New York County (Charles Ramos, J.), entered March 3, 1997, which, inter alia, granted defendants’ motion pursuant to CPLR 3211 to dismiss the complaint and denied plaintiff’s cross motion to amend the complaint, unanimously affirmed, with costs.

The IAS Court properly found that the documentary evidence conclusively establishes that plaintiff was not a bona fide tenant of the subject apartment at the time the conversion plan for the building in which the apartment was located was offered for filing. Plaintiff, therefore, neither had nor could have been deprived of the right to purchase the apartment as an insider. We have considered plaintiff’s various and largely factual arguments to the contrary and find them to be without merit.

Concur — Sullivan, J. P., Milonas, Williams, Andrias and Saxe. JJ.

Cite This Page — Counsel Stack

Bluebook (online)

248 A.D.2d 155, 670 N.Y.S.2d 759, 1998 N.Y. App. Div. LEXIS 1974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-89th-madison-owners-corp-nyappdiv-1998.