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BELLSTELL 7 PARK AVE., LLC v. SEVEN PARK AVE. CORP.

Index No. 157228/17. Appeal No. 12968. Case No. 2020-02833.

190 A.D.3d 632 (2021)

2021 NY Slip Op 00487

Bellstell 7 Park Avenue, LLC, Respondent, v. The Seven Park Avenue Corporation, Appellant.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

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

Rose & Rose, New York ( James E. Bayley of counsel), for respondent.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.

The motion court properly granted plaintiff's motion for summary judgment and declared, "Campagnoli's occupancy of an apartment leased by Bellstell did not extinguish the apartment's `unsold share' status under ¶¶ 38 and 40 of the uniform co-op lease" and properly denied defendant's motion.

We affirm the motion court's award of summary judgment to plaintiff and its narrower declaration that "Campagnoli's occupancy...

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