SUSSER v. 200 EAST 36TH OWNERS CORP.


262 A.D.2d 197 (1999)

692 N.Y.S.2d 334

LESLIE SUSSER, Appellant, v. 200 EAST 36TH OWNERS CORP., Respondent.

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

Decided June 22, 1999.


Plaintiff asserts that the exemption of holders of unsold shares from subletting restrictions and fees imposed on shareholder-tenants such as himself constitutes differing treatment of holders of the same class of stock in violation of Business Corporation Law § 501 (c). The exemption from subletting restrictions and fees in favor of the holders of unsold shares was, however, permissibly imposed on the cooperative's Board of Directors pursuant to the offering plan governing...

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