BUTTITTA v. GREENWICH HOUSE COOPERATIVE APARTMENTS, INC.


11 A.D.3d 250 (2004)

783 N.Y.S.2d 26

MONICA HANNASCH BUTTITTA et al., Appellants-Respondents, v. GREENWICH HOUSE COOPERATIVE APARTMENTS, INC., Respondent-Appellant.

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

October 12, 2004.


The documentary evidence, consisting of the minutes of shareholder and board meetings, conclusively establishes that plaintiffs, who are husband and wife and joint tenants of the unit in question, ratified the bylaw in issue by their votes at meetings where the cooperative's right of redemption was either exercised or waived with the specific proviso that the waiver was without prejudice, and are therefore precluded from challenging...

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