AFTER SIX v. 201 EAST 66TH


87 A.D.2d 153 (1982)

After Six, Inc., et al., Appellants, v. 201 East 66th Street Associates et al., Respondents

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

June 2, 1982


Attorney(s) appearing for the Case

Edward L. Sadowsky of counsel (Mona D. Shapiro with him on the brief; Tenzer, Greenblatt, Fallon & Kaplan, attorneys), for appellants.

Steven J. Stein of counsel (Francis D. Landrey with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for respondents.

MURPHY, P. J., and FEIN, J., concur with ROSS, J.; LUPIANO and LYNCH, JJ., dissent in an opinion by LYNCH, J.


ROSS, J.

This is an action seeking specific performance of a subscription agreement to purchase shares of stock pursuant to a co-operative conversion plan wherein Special Term denied plaintiffs-appellants' motion for a preliminary injunction.

The corporate plaintiff is a Pennsylvania corporation engaged in the manufacture of tuxedos and formal wear. On October 3, 1977, the corporate plaintiff entered into a three-year lease for apartment 11E,...

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