330 WEST END APT. CORP. v. KELLY


124 Misc.2d 870 (1984)

330 West End Apartment Corporation, Plaintiff, v. Thomas E. Kelly, Defendant.

Supreme Court, New York County.

April 12, 1984


Attorney(s) appearing for the Case

Scheffler, Guldi, Karlinsky & Stein (Martin E. Karlinsky of counsel), for plaintiff. David S.J. Neufeld for defendant.


LEONARD N. COHEN, J.

Plaintiff, a residential cooperative corporation, commenced this underlying action for a judgment declaring the legality of its board of directors resolution imposing a transfer fee, popularly called a flip tax, as a condition for the sale of defendant's cooperative apartment shares and the assignment of his proprietary lease. The defendant, a former tenant and shareholder in the corporation, counterclaims for a refund of the flip...

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