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HIRSCHMANN v. HASSAPOYANNES

11 Misc.3d 265 (2005)

811 N.Y.S.2d 870

MERLE HIRSCHMANN, Plaintiff, v. CONSTANTINE HASSAPOYANNES, Defendant and Third-Party Plaintiff. 20166 TENANTS CORP. et al., Third-Party Defendants.

Supreme Court, New York County.

December 1, 2005.

Attorney(s) appearing for the Case

Vernon & Ginsburg, LLP, New York City (Daryl M. Vernon of counsel), for defendant and third-party plaintiff.

Ellenoff Grossman & Schole, LLP, New York City (Richard P. Kaye of counsel), for plaintiff.

Cantor Epstein & Degenshein, LLP, New York City (Dale J. Degenshein of counsel), for 20166 Tenants Corp. and others, third-party defendants.

OPINION OF THE COURT

EMILY JANE GOODMAN, J.

This action and third-party action arise from a decision of the board of a cooperative apartment building to withdraw its approval of the sale of a unit to a disabled individual, upon the individual's request for a reasonable accommodation for his disability. The seller of the cooperative apartment brought this action, seeking a declaration that she is entitled under the contract of sale to keep the buyer's deposit...

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