SINI v. HYNGSTROM


109 A.D.2d 671 (1985)

Evelyn Sini, Appellant, v. Theo Hyngstrom et al., Respondents

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

March 21, 1985


The sponsor cooperative corporations' refusal to consent to any assignment of subscription rights is an insurmountable bar to plaintiff's action for specific performance of the parties' otherwise enforceable contract for the assignment of defendant's rights under the subscription agreement. Plaintiff's claim of waiver of the subscription agreement's nonassignment clause is belied by the record. Nor is there any merit to plaintiff's argument that the said prohibitory clause...

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