DESIMON v. OGDEN ASSOC.


88 A.D.2d 472 (1982)

Daniel DeSimon et al., Appellants, v. Ogden Associates, Respondent

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

September 7, 1982


Attorney(s) appearing for the Case

Patrick J. Rohan for appellants.

Gallet & Dreyer (Jeffry H. Gallet of counsel), for respondent.

MANGANO, J. P., GULOTTA and BRACKEN, JJ., concur.


O'CONNOR, J.

The question for decision is whether seller-sponsor financing of the purchase of shares in a co-operative housing corporation by the tenants of the apartment building undergoing conversion is a loan subject to the prohibition and forfeiture provisions of the usury laws. We hold that it is not.

FACTS

Defendant Ogden Associates, a partnership, sponsored a co-operative housing conversion plan under sections 352-e and 352-eee...

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