Opinion
3694N.
Decided May 20, 2004.
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.
Law Office of Allen M. Turek, New York (Allen M. Turek of counsel), for appellant.
Bangser Klein Rocca Blum LLP, New York (Jonathan J. Fink of counsel), for respondents.
Before: Buckley, P.J., Andrias, Saxe, Lerner, Friedman, JJ.
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 N.Y.2d 144, 152, 154), 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.
M-1769 — West Gate House, Inc., et al. v. 860-870 Realty LLC
Motion seeking leave to strike reply brief denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.