LOMNITZ v. 61 E. 86TH ST.


129 Misc.2d 157 (1985)

Eric Lomnitz, as Executor of Gunther Lomnitz, Deceased, Plaintiff, v. 61 East 86th Street Equities Group et al., Defendants.

Supreme Court, Special Term, New York County.

August 8, 1985


Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft (Edward E. Klein of counsel), for plaintiff. Jacobs, Sieratzki & Zinns (Jay Zinns of counsel), for defendants.


FELICE K. SHEA, J.

The question presented by the motion and cross motion herein is whether an estate has the right to buy cooperative shares allocated to the apartment of a tenant who died prior to acceptance for filing by the New York State Attorney-General of the cooperative offering plan.

Plaintiff, executor of the estate of Dr. Gunther Lomnitz, moves for a preliminary injunction: (1) enjoining defendants (the owner of the building, the selling...

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