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KNOLLS COOPERATIVE SECTION No. 2, INC. v. COHEN

309 A.D.2d 718 (2003)

766 N.Y.S.2d 552

KNOLLS COOPERATIVE SECTION No. 2, INC., Respondent, v. SUSAN COHEN et al., Individually and as Coexecutrices of LEE A. DEUTSCH, Deceased, Appellants. (And a Third-Party Action.)

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

Decided October 30, 2003.

Even in light of the additional evidence submitted on the instant motion, there remain issues of fact as to whether plaintiff residential cooperative corporation intended to restrict transfer of the apartment in the manner now urged by the cooperative (see 277 A.D.2d 30 [2000]).

Summary judgment declaring in appellants' favor on the first counterclaim should, nonetheless, have...

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