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ESTATE OF DEL TERZO v. 33 FIFTH AVENUE OWNERS CORP.

No. 231 SSM 32.

28 N.Y.3d 1114 (2016)

68 N.E.3d 90

45 N.Y.S.3d 362

2016 NY Slip Op 08487

ESTATE OF HELEN DEL TERZO et al., Respondents, v. 33 FIFTH AVENUE OWNERS CORP., Appellant.

Court of Appeals of New York.

Decided December 20, 2016.

Attorney(s) appearing for the Case

Boyd Richards Parker & Colonnelli, P.L., New York City ( Bryan J. Mazzola of counsel), for appellant.

Smith, Buss & Jacobs, LLP, Yonkers ( John J. Malley and Nancy Durand of counsel), for respondents.

Gallet Dreyer & Berkey, LLP, New York City ( Marc J. Luxemburg of counsel), for Council of New York Cooperatives and Condominiums, amicus curiae.

Concur: Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not err in holding defendant 33 Fifth Avenue Owners Corp. breached paragraph 16 (b) of its proprietary lease by unreasonably withholding consent to transfer shares allocated to an apartment and the lease appurtenant

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