WEISNER v. 791 PARK AVE. CORP.


12 Misc.2d 774 (1958)

Sidney Weisner, Plaintiff, v. 791 Park Avenue Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

July 7, 1958.


Attorney(s) appearing for the Case

Copal Mintz for plaintiff.

Stephen S. Bernstein and Alvin J. Burnett for 791 Park Avenue Corporation, defendant.

Walter E. Warner, Jr., and Gerald Fitz Gerald for Adrienne M. Gilbert, defendant.


FRANCIS X. CONLON, J.

In Penthouse Properties v. 1158 Fifth Ave. (256 App. Div. 685) the Appellate Division in this department upheld the validity of a restriction requiring the consent of the board of directors to the transfer of stock and a proprietary lease, in the case of a co-operative apartment house. The court pointed out that the law was well settled that a landlord could validly prohibit a transfer by a tenant of his lease, except with...

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