KATSAM HOLDINGS LLC v. 419 WEST 55TH STREET CORPORATION


58 A.D.3d 444 (2009)

870 N.Y.S.2d 324

KATSAM HOLDINGS LLC, Respondent, v. 419 WEST 55TH STREET CORPORATION, Appellant, et al., Defendant.

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

January 8, 2009.


Defendant-respondent sponsor's offering plan for the conversion designated the lower level of the building for commercial use, and the plan's bylaws permitted any legal use of the subject basement unit with the exception of defined "adult" uses. The plan also provided that the sponsor could designate a HUS, and that a HUS had the right to make alterations to a unit without the coop's consent. Plaintiff's assignor entered into a contract with the sponsor to buy the basement...

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