MARK FAMILY REALTY LLC v. SANKO

10052, 105924/11.

176 A.D.3d 481 (2019)

111 N.Y.S.3d 24

2019 NY Slip Op 07343

Mark Family Realty LLC, Respondent, v. Anton Sanko, Appellant. Mary Burnette, Third-Party Plaintiff, v. Ira Mark, Third-Party Defendant, and Selrob Family LP et al., Third-Party Defendants-Respondents.

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

Decided October 10, 2019.


Attorney(s) appearing for the Case

Landy Wolf PLLC, New York ( David A. Wolf of counsel), for appellant.

Mound Cotton Wollan & Greengrass LLP, New York ( Jon Quint of counsel), for Selrob Family LP, Selina Henry, Robert Henry, Jane Henry and Sarah Henry, respondents.

Moses & Singer LLP, New York ( Philippe Zimmerman of counsel), for Mark Family Realty LLC, respondent.

Concur—Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.


The parties co-own, as tenants-in-common, two adjoining buildings located at 801 and 803 Greenwich Street, in Manhattan. Each of the tenants-in-common owns one-third of the properties. The properties are operated and managed pursuant to an operating agreement, dated March 17, 1992. Each tenant-in-common is a signatory or a successor-in-interest to an original signatory of the operating agreement. Beginning in and around 2005, the parties became involved in disputes over the...

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