EMILY TOWERS v. CARLETON


175 Misc.2d 283 (1997)

669 N.Y.S.2d 462

Emily Towers Owners Corporation, Appellant-Respondent, v. Carleton Emily Towers, L.P., Respondent-Appellant.

Supreme Court, Appellate Term, Second Department.

November 13, 1997


Attorney(s) appearing for the Case

Mordente, Golfinopoulos & Pennisi, P. C., Kew Gardens (John P. Grisafi of counsel), for appellant-respondent. Leon B. Seidman, New York City, for respondent-appellant.

ARONIN, J. P., SCHOLNICK and PATTERSON, JJ., concur.


MEMORANDUM.

Order unanimously modified by granting defendant's cross motion in its entirety and remanding the matter to the court below for determination of the reasonable value of the attorney's fees, and, as so modified, order affirmed without costs.

The offering plan, proprietary lease and by-laws when read together evidence a clear intent to exempt the holdovers of "Unsold Shares" in the cooperative association...

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