RIGGIN v. BALFOUR OWNERS CORP.


137 A.D.2d 799 (1988)

Michael Riggin, Respondent, v. Balfour Owners Corp., Appellant

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

February 29, 1988


Ordered that the order is affirmed, with costs.

The plaintiff challenges the exaction of a 6% transfer fee by the defendant cooperative corporation upon the closing of the sale and assignment of the plaintiff's shares in an apartment of the subject premises. The issue presented is whether the plaintiff's shares qualify as "unsold shares" which are exempted from the transfer fee by the terms of the corporate bylaws. The Supreme Court answered in the affirmative. We...

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