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KRALIK v. 239 EAST 79TH ST. OWNERS CORP.

54 A.D.3d 267 (2008)

862 N.Y.S.2d 507

GEORGE KRALIK et al., Respondents, v. 239 EAST 79TH STREET OWNERS CORP., Appellant.

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

August 12, 2008.

Even assuming, as the co-op argues, that the definition of "unsold shares" in paragraph 38 of the proprietary lease as certain shares issued "pursuant to" the offering plan served to incorporate by reference the specific provisions of the offering plan relied on by the co-op, nothing in the offering plan indicates that noncompliance with such provisions divests holders of unsold shares of that status (see Bestform, Inc. v Herman...

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