FRANK v. SHAW


125 Misc.2d 627 (1984)

Jack Frank, Plaintiff, v. Ray Shaw et al., Defendants.

Supreme Court, Special Term, New York County.

September 5, 1984


Attorney(s) appearing for the Case

Solinger Grosz & Goldwasser (Marc J. Luxemburg and Joyce M. Perlmutter of counsel), for West 90th Street Owners Corporation, defendant. Gary Schultze and Mark Bierman for plaintiff.


FELICE K. SHEA, J.

The principal question presented on this motion by defendant West 90th Street Owners Corporation to dismiss the complaint against it for failure to state a cause of action is whether a subtenant of part of an apartment may have the right to purchase shares in a cooperative corporation.

Plaintiff is a subtenant of one room of codefendant Ray Shaw's seven-room cooperative apartment at 255 West 90th Street, New York, New York....

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