GRAY v. HILLTOP VILLAGE COOPERATIVE #THREE, INC.


50 A.D.3d 739 (2008)

855 N.Y.S.2d 631

JOANNE GRAY, Appellant, v. HILLTOP VILLAGE COOPERATIVE #THREE, INC., Respondent.

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

Decided April 8, 2008.


Ordered that the clerk's judgment is reversed, on the law, with costs, and the defendant's counterclaim for an award of an attorney's fee is dismissed.

The plaintiff commenced this action, inter alia, to recover damages for breach of fiduciary duty against the defendant, a cooperative corporation, following its cancellation of a closing on the sale, to a third party, of shares of stock referable to an apartment unit that were owned by the plaintiff's decedent. The...

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