West Gate House, Inc. v. 860-870 Realty LLC

Appellate Division of the Supreme Court of New York

West Gate House, Inc. v. 860-870 Realty LLC

7 A.D.3d 412, 776 N.Y.S.2d 482, 2004 N.Y. App. Div. LEXIS 7108

Appellate Division of the Supreme Court of the State of New York·Decided May 20, 2004·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (Carol Edmead, J.), entered on or about September 21, 2003, which, in an action by a residential cooperative against its sponsor’s successor seeking to compel the latter to sell unsold shares, denied defendant’s motion for a preliminary injunction prohibiting plaintiffs from terminating certain proprietary leases held by defendant, unanimously affirmed, with costs.

As the motion court held, in view of recent authority holding a sponsor liable in contract to a cooperative for not undertaking in good faith to timely sell so many shares in the building as necessary to create a fully viable cooperative (511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 NY2d 144, 152, 154 [2002]), defendant fails to show a likelihood of success on the merits. We note that the cooperative’s notice objects only to defendant’s re-letting of apartments that are not subject to rent regulation. We have considered defendant’s other arguments and find them unavailing. Concur—Buckley, P.J., Andrias, Saxe, Lerner and Friedman, JJ.

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

Order, Supreme Court, New York County (Carol Edmead, J.), entered on or about September 21, 2003, which, in an action by a residential cooperative against its sponsor’s successor seeking to compel the latter to sell unsold shares, denied defendant’s motion for a preliminary injunction prohibiting plaintiffs from terminating certain proprietary leases held by defendant, unanimously affirmed, with costs.

As the motion court held, in view of recent authority holding a sponsor liable in contract to a cooperative for not undertaking in good faith to timely sell so many shares in the building as necessary to create a fully viable cooperative (511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 NY2d 144, 152, 154 [2002]), defendant fails to show a likelihood of success on the merits. We note that the cooperative’s notice objects only to defendant’s re-letting of apartments that are not subject to rent regulation. We have considered defendant’s other arguments and find them unavailing. Concur—Buckley, P.J., Andrias, Saxe, Lerner and Friedman, JJ.

West Gate House, Inc. v. 860-870 Realty LLC, 7 A.D.3d 412, 776 N.Y.S.2d 482, 2004 N.Y. App. Div. LEXIS 7108 (N.Y. Ct. App. 2004).

Pincite

7 A.D.3d 412 (West Gate House, Inc. v. 860-870 Realty LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related