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Bauer v. Beekman Int'l Ctr. LLC

Supreme Court, Appellate Division, First Department, New York.
Feb 24, 2015
125 A.D.3d 534 (N.Y. App. Div. 2015)

Opinion

02-24-2015

Geri BAUER, Plaintiff–Appellant, v. BEEKMAN INTERNATIONAL CENTER LLC, Defendant–Respondent.

Himmelstein, McConnell, Gribben Donohue & Joseph, New York (Kevin R. McConnell of counsel), for appellant. D'Agostino, Levine, Landesman & Lederman, LLP, New York (Bruce H. Lederman of counsel), for respondent.


Himmelstein, McConnell, Gribben Donohue & Joseph, New York (Kevin R. McConnell of counsel), for appellant.

D'Agostino, Levine, Landesman & Lederman, LLP, New York (Bruce H. Lederman of counsel), for respondent.

Order, Supreme Court, New York County (George J. Silver, J.), entered August 20, 2013, which, to the extent appealed from as limited by the briefs, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

While defendant sponsor sold a majority of the newly-constructed condominium's residential units, contrary to plaintiff unit owner's contention, it was not under an implied obligation to sell all of them. Plaintiff's reliance on 511 W. 232nd Owners Corp. v. Jennifer Realty Co., 98 N.Y.2d 144, 746 N.Y.S.2d 131, 773 N.E.2d 496 (2002), involving a cooperative conversion of a rent-stabilized building where the owner sold a minority of the shares and the pleading was upheld to the extent that it alleged an implied promise to sell "a sufficient number of shares," is misplaced. In any event, the motion court correctly found that defendant demonstrated its prima facie entitlement to judgment regarding the elements of condominium viability relied on by plaintiff, which tracked the language in Jennifer Realty but without elaboration, and plaintiff failed to raise an issue of fact in opposition.

In view of the foregoing, we need not address the other grounds urged for affirmance.

We have considered plaintiff's remaining contentions and find them unavailing. We deny defendant's request for sanctions on appeal, as we find them unwarranted.

TOM, J.P., RENWICK, ANDRIAS, RICHTER, JJ., concur.


Summaries of

Bauer v. Beekman Int'l Ctr. LLC

Supreme Court, Appellate Division, First Department, New York.
Feb 24, 2015
125 A.D.3d 534 (N.Y. App. Div. 2015)
Case details for

Bauer v. Beekman Int'l Ctr. LLC

Case Details

Full title:Geri Bauer, Plaintiff-Appellant, v. Beekman International Center LLC…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Feb 24, 2015

Citations

125 A.D.3d 534 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 1562
1 N.Y.S.3d 808

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