BANKERS TRUST COMPANY OF CALIFORNIA, N. A. v. WEST SHORE APT. CORP.


281 A.D.2d 351 (2001)

722 N.Y.S.2d 165

BANKERS TRUST COMPANY OF CALIFORNIA, N. A., as Trustee, et al., Respondents, v. WEST SHORE APT. CORP., Appellant.

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

Decided March 29, 2001.


A review of the subject Proprietary Lease and Recognition Agreement discloses that the motion court correctly determined that, in the event of a default by the lessee, as here, the shares of stock allocated to the apartment in defendant's building were transferable by plaintiff bank, the lessee's lender, without approval by defendant residential cooperative's board.

The award of the maintenance charges paid by plaintiffs since December 1997 was proper because the...

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