SASSI-LEHNER v. CHARLTON TENANTS CORP.


55 A.D.3d 74 (2008)

863 N.Y.S.2d 20

CHRISTINA SASSI-LEHNER et al., Appellants, v. CHARLTON TENANTS CORP. et al., Respondents.

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

August 12, 2008.


Attorney(s) appearing for the Case

Bernstein Nackman & Feinberg, LLP, New York City (Roger J. Bernstein of counsel), for appellants.

Karlsson & Ng, P.C., New York City (Kent Karlsson of counsel), for respondents.

GONZALEZ, J.P., WILLIAMS and MOSKOWITZ, JJ., concur.


OPINION OF THE COURT

CATTERSON, J.

In this declaratory judgment action, the plaintiffs seek a declaration that they are the holders of unsold shares in a cooperative corporation and thus entitled to assign, sell or transfer the shares without board approval. The question presented is whether the plaintiffs are entitled to claim the status of holders of "unsold shares" when they acquired the shares through a foreclosure sale.

It is undisputed that...

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