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BRAUN v. 941 PARK AVE., INC.

32 A.D.3d 21 (2006)

816 N.Y.S.2d 58

ARIELA BRAUN et al., Appellants, v. 941 PARK AVE., INC., et al., Respondents, and DAVID MOORE et al., Respondents.

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

June 6, 2006.

Attorney(s) appearing for the Case

Randall T. Sims, New York City, for appellants.

Rosen & Livingston, New York City (Bruce A. Cholst, Benjamin R. Tessler and Albert A. Levy of counsel), for 941 Park Ave., Inc., and others, respondents.

Rosenberg & Estis, P.C., New York City (Jeffrey Turkel of counsel), for David Moore and others, respondents.

MAZZARELLI and WILLIAMS, JJ., concur with BUCKLEY, P.J.; ANDRIAS and SAXE, JJ., concur in part and dissent in part in a separate opinion by SAXE, J.

OPINION OF THE COURT

BUCKLEY, P.J.

This declaratory judgment action arises out of a Park Avenue cooperative apartment building and the uncooperative behavior of certain of its resident shareholders.

The building consists of three vertical "lines" of apartments. One elevator from the lobby of the doorman building serves the "B" and "C" line apartments, some of which are duplexes. On some floors only one apartment has a main entrance, on the others...

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