MATTER OF CHARNEY


233 A.D.2d 147 (1996)

649 N.Y.S.2d 145

In the Matter of Susan Charney, Respondent. Claire Friedlander et al., Respondents; Robert Herskowitz, Appellant

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

November 12, 1996


As a judgment debtor, appellant's "insider" rights to purchase the subject cooperative apartment are rights under an executory contract that the IAS Court properly found to constitute property within the meaning of CPLR 5201 (b), and thus may be the subject of enforcement proceedings (see, ABKCO Indus. v Apple Films, 39 N.Y.2d 670).

The IAS Court also properly found that there existed no agreement by counsel in certain...

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