SPITALNIK v. SPRINGER


59 N.Y.2d 112 (1983)

Michael Spitalnik, Respondent, v. Roberta Springer, Respondent, and Orsid Realty Company, as Agent for Normandy Associates, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1983.


Attorney(s) appearing for the Case

Joel M. Miller and Frederick A. Wool for appellant.

Mark Kalik for Michael Spitalnik, respondent.

Andrew M. Bernstein for Roberta Springer, respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER and MEYER concur with Judge JONES; Judge SIMONS dissents and votes to modify by striking that part of the order of the Appellate Division which extended the option period an additional 30 days, in a separate opinion.


JONES, J.

Although neither of two cotenants in occupancy of a rent-stabilized apartment, where each asserts the right to do so, may exercise an individual right to subscribe to the co-operative shares allocated to their apartment on conversion, they may jointly execute an agreement for such subscription. In the circumstances disclosed in this record it was not error for the Appellate Division to permit the submission...

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