RUBINSTEIN v. 160 W. END


74 N.Y.2d 443 (1989)

In the Matter of Robert J. Rubinstein, as Executor of Judith Kaye, Deceased, Appellant, v. 160 West End Owners Corp. et al., Respondents.

Court of Appeals of the State of New York.

Decided November 16, 1989.


Attorney(s) appearing for the Case

Richard Jankell and Robert J. Rubinstein for appellant pro se.

C. Daniel Chill, Elaine M. Reich and John P. Sheridan for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

The question is whether an estate can count among its assets the "insider's price" of its decedent's apartment. The deceased tenant of record died before the apartment was offered for sale under the subsequently accepted cooperative conversion plan. Controlling precedent and the relevant statute therefore compel a negative answer to the question posed.

Decedent was the sole occupant and...

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