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Jones v. Southgate Owners Corp.

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 2001
289 A.D.2d 73 (N.Y. App. Div. 2001)

Opinion

5580

December 11, 2001.

Order, Supreme Court, New York County (Louis York, J.), entered August 15, 2000, which, inter alia, granted defendant's cross motion for summary judgment dismissing the complaint seeking, inter alia, damages for defendant's allegedly wrongful imposition of sublet fees, unanimously affirmed, without costs.

Hein J. Hazenberg, for plaintiffs-appellants.

George Stiefel, for defendant-respondent.

Before: Rosenberger, J.P., Williams, Tom, Mazzarelli, Ellerin, JJ.


The motion court properly found that, in light of the "broad language" in its Proprietary Lease, defendant cooperative corporation was entitled to impose and collect sublet fees without approval of a majority of the shareholders (see, Zuckerman v. 33072 Owners Corp., 97 A.D.2d 736, 737;see also, McCabe v. Hoffman, 138 A.D.2d 287). We have considered plaintiffs' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Jones v. Southgate Owners Corp.

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 2001
289 A.D.2d 73 (N.Y. App. Div. 2001)
Case details for

Jones v. Southgate Owners Corp.

Case Details

Full title:PAULA JONES, ET AL., PLAINTIFFS-APPELLANTS, v. SOUTHGATE OWNERS CORP.…

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

Date published: Dec 11, 2001

Citations

289 A.D.2d 73 (N.Y. App. Div. 2001)
733 N.Y.S.2d 866

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