PEABODY v. CROSBY LANDMARK CORPORATION


269 A.D.2d 190 (2000)

703 N.Y.S.2d 92

EMMA L. PEABODY, Appellant, v. CROSBY LANDMARK CORPORATION et al., Respondents.

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

Decided February 8, 2000.


Plaintiff's motion for preliminary injunctive relief was properly denied since her option to purchase defendants' shares, as set forth in the governing Shareholder Agreement and Proprietary Lease, was not unconditional but rather subject to the approval of the defendant cooperative corporation's board of directors, which approval had been denied (see, Grant Co. v Srogi, 52 N.Y.2d 496, 517). Although the issue of whether the board...

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