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ROTBLUT v. 150 EAST 77TH STREET CORP.

3874, 602854/07.

79 A.D.3d 532 (2010)

914 N.Y.S.2d 22

WILLIAM D. ROTBLUT et al., Appellants, v. 150 EAST 77TH STREET CORP., Respondent.

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

Decided December 14, 2010.

Plaintiffs failed to demonstrate that they are holders of unsold shares in the corporation under the controlling documents, i.e., the offering plan, amendments to the plan, and proprietary lease (see Kralik v 239 E. 79th St. Owners Corp., 5 N.Y.3d 54 [2005]). The fact that the offering plan at issue, unlike the offering plan in Sassi-Lehner v Charlton Tenants Corp. (55 A.D.3d 74 [2008...

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