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Estate of Helen Del Terzo, et al., Respondents,v.33 Fifth Avenue Owners Corp., Appellant.

Brief

23 Cited authorities

  1. Beal Sav. Bank v. Sommer

    8 N.Y.3d 318 (N.Y. 2007)   Cited 549 times   3 Legal Analyses
    Holding that a contract should not be interpreted so as to render any portion of it meaningless

  2. Levandusky v. One Fifth Avenue Apartment Corp.

    75 N.Y.2d 530 (N.Y. 1990)   Cited 605 times   3 Legal Analyses
    Finding that "[s]o long as the board acts for the purposes of the cooperative, within the scope of its authority and in good faith, courts will not substitute their judgment for the board's

  3. God's Battalion of Prayer Pentecostal Church, Inc. v. Miele Assocs., LLP

    2006 N.Y. Slip Op. 2232 (N.Y. 2006)   Cited 189 times   1 Legal Analyses
    Holding that "a contract `should be read to give effect to all its provisions'"

  4. Greenwich Capital v. Negrin

    74 A.D.3d 413 (N.Y. App. Div. 2010)   Cited 86 times   1 Legal Analyses
    Rejecting contractual interpretation that depends on "formalistic literalism" in defiance of common sense and deprives other clauses of meaning

  5. Chateau D' If Corp. v. City of New York

    219 A.D.2d 205 (N.Y. App. Div. 1996)   Cited 127 times
    Holding that because "a liquidated damages clause and a provision entitling a nondefaulting vendor to further damages are incompatible and cannot coexist," the liquidated damages provision is rendered unenforceable

  6. Fe Bland v. Two Trees Management Co.

    66 N.Y.2d 556 (N.Y. 1985)   Cited 87 times
    In FeBland v. Two Trees Management Corp., 66 N.Y.2d 556, the court invalidated a transfer fee (known as a 'flip tax') based upon a percentage of the sales price, on the ground that persons holding shares of the same class of stock were not treated equally upon sale of the stock (i.e., that the dollar amount per share varied with each sale).

  7. Horst v. Brown

    72 A.D.3d 434 (N.Y. App. Div. 2010)   Cited 37 times

    No. 1475. April 6, 2010. Order, Supreme Court, New York County (Louis B. York, J.), entered October 16, 2007, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion for summary judgment and dismissed certain of her claims on the ground of statute of limitations, reversed, on the law, without costs, the dismissed claims reinstated, plaintiff granted summary judgment as to liability on those claims, and the matter remanded for a trial as to damages. Abrams, Fensterman,

  8. Sassi-Lehner v. Charlton

    55 A.D.3d 74 (N.Y. App. Div. 2008)   Cited 16 times
    In Sassi-Lehner, plaintiffs were transferees from their parents who had acquired shares in an occupied apartment at a foreclosure sale.

  9. Buttitta v. Greenwich House Co-op. Apartments

    11 A.D.3d 250 (N.Y. App. Div. 2004)   Cited 20 times
    In Buttitta, the lower court noted that plaintiffs, all shareholders, brought an action asserting seven causes of action seeking declaratory and injunctive relief against their residential cooperative corporation.

  10. Spinale v. 10 West 66th Street Corporation

    193 A.D.2d 431 (N.Y. App. Div. 1993)   Cited 26 times
    Denying motion for leave to reargue since there was no showing that the court overlooked or misapprehended relevant facts or controlling law in prior decision