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40 W. 67TH ST. v. PULLMAN

296 A.D.2d 120 (2002)

742 N.Y.S.2d 264

40 WEST 67TH STREET, Appellant, v. DAVID PULLMAN, Respondent.

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

May 23, 2002.

Attorney(s) appearing for the Case

John T. Van Der Tuin of counsel (Balber Pickard Battistoni Maldonado & Van Der Tuin, PC, attorneys), for appellant.

Steven Altman of counsel (Ziegler, Ziegler & Altman LLP, attorneys), for respondent.

SULLIVAN and FRIEDMAN, JJ., concur with MAZZARELLI, J.P.; SAXE and WALLACH, JJ., dissent in a separate opinion by SAXE, J.

OPINION OF THE COURT

MAZZARELLI, J.P.

In October 1998, defendant David Pullman bought a co-op apartment at 40 W. 67th Street. Plaintiff corporation owns the building, which contains 38 apartment units. Appurtenant to the proprietary lease for his apartment (7B), defendant holds 80 shares of capital stock in plaintiff corporation. Article III (first) (f) of each tenant's lease provides that the co-op may terminate a tenancy on 30 days' notice if a lessee...

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