RYFUN v. 406 WEST 46TH STREET CORP.


288 A.D.2d 10 (2001)

732 N.Y.S.2d 216

JOHN C. RYFUN et al., Appellants, v. 406 WEST 46TH STREET CORP. et al., Respondents.

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

Decided November 1, 2001.


The motion court correctly dismissed Senich's complaint as against the cooperative corporation to the extent her causes of action are based on her alleged status as a shareholder therein, in that the record establishes, as a matter of law, that Senich does not own the shares assigned to the apartment at issue. Although Senich and her co-plaintiff allege that the co-plaintiff sold plaintiff his shares in the cooperative, the record establishes that Senich and the co-plaintiff...

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