PACELLA v. 107 WEST 25TH STREET CORP.


271 A.D.2d 342 (2000)

707 N.Y.S.2d 75

RICHARD PACELLA, Appellant, v. 107 WEST 25TH STREET CORP., Respondent.

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

Decided April 25, 2000.


Plaintiff's only basis for claiming holder-of-unsold-shares status is the amendment to the one contract of sale he produced deleting the form language that the "seller is not the sponsor." This is not enough to warrant denial of summary judgment in defendant's favor. There is no evidence that the sponsor designated plaintiff as the holder of unsold shares (13 NYCRR 18.3 [w] [1]), that the sponsor guaranteed plaintiff's payment of all maintenance charges and assessments (13...

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