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KESSLER v. HFZ 90 LEXINGTON AVENUE OWNERS LLC

8043. 153085/16.

168 A.D.3d 442 (2019)

91 N.Y.S.3d 47

2019 NY Slip Op 00075

Beverly Kessler et al., Appellants, v. HFZ 90 Lexington Avenue Owners LLC et al., Respondents, et al., Defendants.

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

Decided January 8, 2019.

In this putative class action against the owners and sponsors of residential buildings that were converted to cooperatives or condominiums, plaintiffs contend that they have the right to seek non-purchaser tenant status based on their status as eligible senior citizens or eligible disabled persons, although the offering plans at issue were undisputedly non-eviction plans under General Business Law § 352-eeee (2) (c). We reject...

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