KNOLLS COOPERATIVE SECTION NO. 2, INC. v. COHEN


277 A.D.2d 30 (2000)

715 N.Y.S.2d 45

KNOLLS COOPERATIVE SECTION NO. 2, INC., Appellant, v. SUSAN COHEN et al., Respondents. (And a Third-Party Action.)

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

Decided November 9, 2000.


Plaintiff cooperative housing corporation seeks, inter alia, a declaration that defendants, two daughters of the deceased occupant of the apartment at issue, are not entitled to elect to purchase the apartment because they did not use it as their primary residence, and, thus, are not "immediate family" within the meaning of the amended cooperative by-laws. While "immediate family" has been strictly construed in leases executed in cooperatives with Federally subsidized...

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