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MITTMAN v. NETHERLAND GARDENS CORP.

55 A.D.3d 512 (2008)

865 N.Y.S.2d 553

AARON MITTMAN et al., Respondents, v. NETHERLAND GARDENS CORP., Appellant.

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

October 30, 2008.

"[W]hether plaintiffs are holders of unsold shares should be determined solely by applying ordinary contract principles to interpret the terms of the documents defining their contractual relationship with the cooperative corporation" (Kralik v 239 E. 79th St. Owners Corp., 5 N.Y.3d 54, 57 [2005]). Under this standard, the motion court properly determined that the character of the unsold shares had not changed in that the original...

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