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PANETTA v. KELLY

17 A.D.3d 163 (2005)

792 N.Y.S.2d 455

JOSEPH PANETTA, Appellant, et al., Plaintiff, v. SHARON KELLY, Appellant, and JEANNE TINGO, Respondent, et al., Defendant.

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

April 12, 2005.

Plaintiff and defendant Kelly wanted to buy a studio apartment in a cooperative building on West End Avenue in Manhattan to use for business purposes. In order to satisfy the requirement that the cooperative apartment be owner-occupied, the parties asked defendant Tingo, a family friend of Kelly, to hold the shares, as neither plaintiff nor Kelly was in a position to occupy the apartment.

Plaintiff and Kelly allege that in April 1993 they and Tingo

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