KRALIK v. 239 E 79TH ST CORP.


5 N.Y.3d 54 (2005)

832 N.E.2d 707

799 N.Y.S.2d 433

GEORGE KRALIK et al., Appellants, v. 239 EAST 79TH STREET OWNERS CORP., Respondent.

Court of Appeals of the State of New York.

Decided June 16, 2005.


Attorney(s) appearing for the Case

Finder Novick Kerrigan LLP, New York City (Thomas P. Kerrigan and Christina DeVillacian of counsel), for appellants.

Gallet Dreyer & Berkey, LLP, New York City (David L. Berkey, Morrell I. Berkowitz, Beatrice Lesser and Michelle P. Quinn of counsel), and Rosenberg & Pittinsky, LLP (Laurence D. Pittinsky of counsel) for respondent.

Eliot Spitzer, Attorney General, New York City (Michelle Aronowitz and Julie M. Loughran of counsel), amicus curiae.

Before Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.


OPINION OF THE COURT

READ, J.

Defendant owns the building located at 239 East 79th Street in Manhattan, which was converted to cooperative ownership in 1983. This appeal stems from a longstanding dispute over the rights of plaintiffs George and Sara Kralik as proprietary lessees and owners of the shares of the corporation purchased from the cooperative's sponsor as unsold shares. We conclude that whether plaintiffs...

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