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PARKER v. RICH

205 A.D.2d 408 (1994)

614 N.Y.S.2d 130

Henriette V. Parker, Respondent, v. Elizabeth Rich, Appellant

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

June 23, 1994

As plaintiff concedes, the IAS Court improperly calculated the interest payable on the basis of the fair market value of the cooperative shares as determined by the Special Referee. Such calculation should have been based upon the sum remaining after subtracting the insider price and interest that defendant had already paid, and then adding the use and occupancy owed.

We have considered defendant's contentions regarding...

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