ALWYN COURT TENANTS' ASS'N v. WALENTAS


59 N.Y.2d 652 (1983)

Alwyn Court Tenants' Association et al., Appellants, v. David C. Walentas et al., Respondents.

Court of Appeals of the State of New York.

Amended June 2, 1983.

Decided March 22, 1983.


Attorney(s) appearing for the Case

Anne Jaffee for appellants.

Richard S. Fischbein for David C. Walentas and others, respondents.

Robert Abrams, Attorney-General (Gerald J. Hurwitz and R. Scott Greathead of counsel), respondent pro se.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be modified, without costs, to the extent of granting summary judgment to plaintiffs-appellants annulling the declaration of effectiveness of the eviction plan for co-operative conversion of Alwyn Court, and the case remitted to Supreme Court for further proceedings. The question certified should be answered in the negative.

The critical issue on this appeal ...

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