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440 East 62nd Street Owners Associates, L.P. v. 440 East 62nd St. Owners Corp.

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 425 (N.Y. App. Div. 1995)

Opinion

July 6, 1995

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).


The material documents are ambiguous as to whether plaintiff Associates was intended to be a purchaser of unsold shares, raising issues that cannot be resolved by the extrinsic evidence offered by the parties. The preliminary injunction in favor of plaintiff Associates will effectively preserve the status quo, without premature consideration of the merits, until the rights of the parties can be more fully adjudicated. The injunction in favor of plaintiff Carr, while not Yellowstone relief, was properly based on uncontradicted evidence that he was the object of action by the cooperative of questionable validity.

We have considered appellant's remaining arguments and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Wallach, Williams and Mazzarelli, JJ.


Summaries of

440 East 62nd Street Owners Associates, L.P. v. 440 East 62nd St. Owners Corp.

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 425 (N.Y. App. Div. 1995)
Case details for

440 East 62nd Street Owners Associates, L.P. v. 440 East 62nd St. Owners Corp.

Case Details

Full title:440 EAST 62ND STREET OWNERS ASSOCIATES, L.P., et al., Respondents, v. 440…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 6, 1995

Citations

217 A.D.2d 425 (N.Y. App. Div. 1995)
629 N.Y.S.2d 43

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