QUIRIN v. 123 APTS. CORP.


128 A.D.2d 360 (1987)

Regis M. Quirin et al., Respondents-Appellants, v. 123 Apartments Corp., Appellant-Respondent

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

June 11, 1987


Attorney(s) appearing for the Case

Richard M. Resnik of counsel (Peter A. Axelrod with him on the brief; Mandel & Resnik, P. C., attorneys), for appellant-respondent.

Ira H. Zuckerman for respondents-appellants.

SANDLER, J. P., CARRO and ASCH, JJ., concur.


MILONAS, J.

The central issue in this action concerns the authority of defendant corporation to collect a transfer fee, otherwise known as a flip tax, on the sale of apartments in the building located at 123 West 74th Street in Manhattan. Plaintiffs, who are former residents, contend that, among other relief, they are entitled to a refund of the transfer fee paid by them at the closing of the sale of their apartment...

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