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ROSSI v. SIMMS

119 A.D.2d 137 (1986)

Guiseppe Rossi, Respondent, v. Harold Simms et al., Appellants Harold Simms, Third-Party Plaintiff-Appellant-Respondent, v. 410-57 Corporation, Third-Party Defendant-Respondent-Appellant

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

August 28, 1986

Attorney(s) appearing for the Case

Bruce O. Karp of counsel (Blumenthal & Lynne, attorneys), for respondent.

Steven Wimpfheimer of counsel (Wimpfheimer & Sherman, attorneys), for appellants and third-party plaintiff-appellant.

Stuart Abrams of counsel (Finkelstein Bruckman Wohl & Rothman, attorneys), for third-party defendant-respondent.

KUPFERMAN, J. P., SULLIVAN, ASCH and FEIN, JJ., concur.

WALLACH, J.

This appeal requires us to consider the scope of discretion vested in the board of directors of a residential cooperative to reject a potential buyer for a professional-use apartment, and further to determine, in this somewhat unusual setting for such a controversy, whether a written agreement between the board and the selling tenant executed 20 years before the proposed sale constitutes a covenant...

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