WHEELER v. LUCKY CO., INC.


107 A.D.2d 612 (1985)

Malcolm F. Wheeler et al., Appellants, v. Lucky Company, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 17, 1985


On September 1, 1983, plaintiff entered into a contract with defendant Lucky Company, Inc., to purchase a condominium apartment. At the time of the execution of the agreement the defendant corporation had neither title nor possession but was the assignee of the subscription rights to the apartment under an offering plan to convert the premises to condominium ownership. The apartment was occupied at that time by a sublessee. The assignment of the subscription rights from the...

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