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EMPIRE 33RD LLC v. FORWARD ASSOCIATION INCORPORATED

4999, 602074/09, 4999A.

87 A.D.3d 447 (2011)

928 N.Y.S.2d 282

2011 NY Slip Op 6202

EMPIRE 33RD LLC, Appellant, v. THE FORWARD ASSOCIATION INCORPORATED et al., Respondents.

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

Decided August 11, 2011.

Plaintiff, a putative purchaser, seeks to recover the $5,350,000 down payment it made under a contract with the board of directors of defendant nonprofit corporations for the purchase of real property comprising substantially all of defendants' corporate assets. The sale of the property was authorized by the Supreme Court, in an order dated September 25, 2007, pursuant to section 511 of the Not-For-Profit Corporation Law. Plaintiff...

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