WEISMAN, CELLER, SPETT & MODLIN v. FEIN


225 A.D.2d 508 (1996)

639 N.Y.S.2d 805

Weisman, Celler, Spett & Modlin, Respondent-Appellant, v. Mark Fein, Appellant, and 1095 Park Avenue Corp., Respondent, et al., Defendant

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

March 28, 1996


Plaintiff failed to state a cause of action for conversion against the cooperative, which participated in the sale of the shares allocated to the subject apartment pursuant to a court order directing it to do so. Plaintiff did not provide the cooperative with evidence of a valid transfer of the shares to it, since it had not complied with any of the cooperative's relevant bylaws or provisions of the proprietary lease. The cooperative was therefore acting within the business...

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