KALB v. RIVER POINT TOWERS COOP., INC.


77 A.D.2d 541 (1980)

Jonathan Kalb, as Administrator of The Estate of Fred Kalb, Deceased, Respondent-Appellant, v. River Point Towers Cooperative, Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

July 24, 1980


Unanimously modified, on the law and the facts, to vacate dismissal of cause of action for counsel fees and remand to Trial Term for disposition consistent herewith, and otherwise affirmed, without costs.

Plaintiff's decedent, Fred Kalb, was a member-shareholder of defendant corporation, a co-operative organized pursuant to section 213 of the National Housing Act, Title II. He was a tenant, occupying an apartment in the co-operative from 1965 until his death in 1976...

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