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MATTER OF KOTLER v. 979 CORP.

Index No. 653398/19. Appeal No. 13076. Case No. 2020-01089.

191 A.D.3d 473 (2021)

142 N.Y.S.3d 495

2021 NY Slip Op 00801

In the Matter of Stuart B. Kotler, Respondent-Appellant, v. 979 Corporation, Appellant-Respondent.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Herrick, Feinstein LLP, New York ( Scott E. Mollen of counsel), for appellant-respondent.

Gallet Dreyer & Berkey, LLP, New York ( David L. Berkey of counsel), for respondent-appellant.

Concur—Renwick, J.P., Kern, Mazzarelli, Oing, JJ.

The governing proprietary lease directed that, if the lessee should die, then the Co-op's board's "consent shall not be unreasonably withheld to any assignment or transfer of this lease and the appurtenant stock by bequest or by assignment..., provided that such legatee or assignee shall be a financially responsible member of the Lessee's family." The lease's directive that "consent shall not be unreasonably withheld" triggers application of the "heightened standard of reasonableness...

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