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FE BLAND v. TWO TREES MGT. CO.

125 Misc.2d 111 (1984)

Dan Fe Bland, Plaintiff, v. Two Trees Management Co. et al., Defendants.

Supreme Court, Special Term, New York County.

July 9, 1984

Attorney(s) appearing for the Case

Fischbein, Olivieri, Rozenholc & Badillo (Kenneth G. Schwarz of counsel), for defendants. Savrin & Berson (Leonard R. Berson of counsel), for plaintiff.

FELICE K. SHEA, J.

The question presented by these motions is the validity of a transfer fee imposed by the board of directors of a cooperative building on the sale of a residential apartment.

Defendants move for an order dismissing the complaint pursuant to CPLR 3211 (subd [a], par 1) upon the ground of a defense founded on documentary evidence; pursuant to CPLR 3211 (subd [a], par 7) for failure to state a cause of action; and, in the discretion...

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