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AXELROD v. 400 OWNERS CORP.

189 Misc.2d 461 (2001)

733 N.Y.S.2d 587

SHARON AXELROD, Plaintiff, v. 400 OWNERS CORP. et al., Defendants.

Supreme Court, New York County.

October 29, 2001.

Attorney(s) appearing for the Case

Cantor Epstein Simon & Degenshein, L. L. P., New York City (Stephanie Kaufman of counsel), for defendants.

Peter Axelrod & Associates, New York City (Osman Dennis of counsel), for plaintiff.

OPINION OF THE COURT

HERMAN CAHN, J.

Defendants 400 Owners Corp. (Owners Corp.), Harold Spitzer, Sam Friedman, Lewis Clayton, Mary Gherty, Larry Timmons, Gloria Appeal and Gerald Cohen move, pursuant to CPLR 3211, for an order dismissing the complaint by reason of lack of standing and failure to state a cause of action.

Owners Corp. is a cooperative corporation in which plaintiff, Sharon Axelrod, is a shareholder. The individual defendants are members...

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