BARTON v. 270 ST. NICHOLAS AVENUE HOUSING DEVELOPMENT FUND CORPORATION

5215, 104900/08.

84 A.D.3d 696 (2011)

MICHELE BARTON et al., Respondents, v. 270 ST. NICHOLAS AVENUE HOUSING DEVELOPMENT FUND CORPORATION et al., Appellants.

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

Decided May 31, 2011.


Defendants established their prima facie entitlement to judgment as a matter of law in this action. Defendant St. Nicholas is a housing development fund corporation formed in 1992 pursuant to Private Housing Finance Law § 573. Plaintiffs, tenants of the subject apartment building, sought to exercise a purported option to convert the premises into a cooperative corporation pursuant to paragraph 3 of defendant St. Nicholas' certificate of incorporation. However, defendants...

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