MONAGHAN v. COLE

9014, 650099/18.

171 A.D.3d 558 (2019)

98 N.Y.S.3d 582

2019 NY Slip Op 02953

William S. Monaghan, as Trustee of the Monaghan Qualified Personal Residence Trust, Respondent, v. Eric Cole, Appellant.

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

Decided April 18, 2019.


During the parties' negotiations over the transfer of a cooperative apartment owned by the Monaghan Qualified Personal Residence Trust to defendant, plaintiff trustee was in litigation against the cooperative corporation, alleging that the board wrongfully conditioned its consent to his transfer of the unit upon his purchase of additional shares. The contract of sale executed by the parties provided that plaintiff had "not entered into, shall not enter into, and has no actual...

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