LOUISE LASKIN TRUST—1991 v. 775 PARK AVENUE, INC.


299 A.D.2d 264 (2002)

750 N.Y.S.2d 591

LOUISE LASKIN TRUST—1991, Respondent, et al., Plaintiff, v. 775 PARK AVENUE, INC., Appellant.

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

Decided November 21, 2002.


Plaintiff alleges that contrary to the terms of the proprietary lease and the manner in which defendant treated other shareholders, defendant demanded that plaintiff pay a "flip tax" on what would have been, in effect, an intrafamily gratuitous transfer, and that defendant rejected the proposed transfer because plaintiff refused to pay such flip tax. These allegations are sufficient to show that defendant's rejection of the proposed transfer was not in good faith, and is...

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