85 FIFTH AVE. 4TH FLOOR, LLC v. I.A. SELIG, LLC


45 A.D.3d 349 (2007)

845 N.Y.S.2d 274

85 FIFTH AVE. 4TH FLOOR, LLC, Appellant, v. I.A. SELIG, LLC, et al., Respondents, et al., Defendants.

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

Decided November 13, 2007.


Plaintiff purchaser alleges that the board, of which defendant seller's principal was a member, rejected plaintiff's application to purchase the subject cooperative unit and contemporaneously amended the cooperative's bylaws to provide for the possibility of a residential conversion that would increase the market value of the unit. This states a cause of action against the seller for breach of contract based on a violation of the covenant of good faith and fair dealing, and...

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