WEST GATE HOUSE, INC. v. 860-870 REALTY LLC


7 A.D.3d 412 (2004)

776 N.Y.S.2d 482

WEST GATE HOUSE, INC., ET AL., Respondents, v. 860-870 REALTY LLC, Formerly Known as 860 REALTY CO./870 REALTY CO., Appellant.

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

May 20, 2004.


As the motion court held, in view of recent authority holding a sponsor liable in contract to a cooperative for not undertaking in good faith to timely sell so many shares in the building as necessary to create a fully viable cooperative (511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 N.Y.2d 144, 152, 154 [2002]), defendant fails to show a likelihood of success on the merits. We note that the cooperative's notice objects only...

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