Park East Apartments, Inc. v. 233 East 86th Street Corp.

Appellate Terms of the Supreme Court of New York

Park East Apartments, Inc. v. 233 East 86th Street Corp.

143 Misc. 2d 60, 543 N.Y.S.2d 610, 1989 N.Y. Misc. LEXIS 909

Appellate Terms of the Supreme Court of New York·Decided April 19, 1989·Published·Cited by 6 cases

Opinion

[61] OPINION OF THE COURT

Per Curiam.

Order entered May 3, 1988 affirmed, with $10 costs to tenant.

On this summary judgment motion, tenant’s president’s unrebutted affidavit establishes that the building on the subject site was vacant and uninhabited in 1981, that that building was completely demolished, the subject building was newly constructed and brand new apartments were sold pursuant to a cooperative offering plan. In view thereof, the subject building does not constitute a "conversion project” and, accordingly, section 3607 of the Condominium and Cooperative Abuse Relief Act of 1980 (15 USC § 3607) is inapplicable. We reach no other issue.

Ostrau, P. J., Parness and Miller, JJ., concur.

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[61] OPINION OF THE COURT

Per Curiam.

Order entered May 3, 1988 affirmed, with $10 costs to tenant.

On this summary judgment motion, tenant’s president’s unrebutted affidavit establishes that the building on the subject site was vacant and uninhabited in 1981, that that building was completely demolished, the subject building was newly constructed and brand new apartments were sold pursuant to a cooperative offering plan. In view thereof, the subject building does not constitute a "conversion project” and, accordingly, section 3607 of the Condominium and Cooperative Abuse Relief Act of 1980 (15 USC § 3607) is inapplicable. We reach no other issue.

Ostrau, P. J., Parness and Miller, JJ., concur.

Park East Apartments, Inc. v. 233 East 86th Street Corp., 143 Misc. 2d 60, 543 N.Y.S.2d 610, 1989 N.Y. Misc. LEXIS 909 (N.Y. Ct. App. 1989).

Pincite

143 Misc. 2d 60 (Park East Apartments, Inc. v. 233 East 86th Street Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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