NORTHRIDGE COOP. v. 32ND AVE. CONSTR. CORP.


207 Misc. 164 (1955)

Northridge Cooperative Section No. 1, Inc., Plaintiff, v. 32nd Avenue Construction Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

January 11, 1955.


Attorney(s) appearing for the Case

M. Carl Levine and David Morgulas for 32nd Avenue Construction Corp. and others, defendants.

Samuel Hoffman, Bernard Buchwald, Maxwell H. Tretter and Irving Margolies for plaintiff.


GAVAGAN, J.

This action was instituted to recover the so-called "windfall" profits resulting from construction of plaintiff's apartment building for a sum less than the mortgage placed thereon.

The complaint reveals that the two dominating individual defendants acquired, either directly or through a controlled corporation, a parcel of land, leased same to a co-operative corporation of which these individuals...

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