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MATTER OF 144-80 REALTY ASSOCIATES v. 144-80 SANFORD APARTMENT CORP.

2018-07596. Index No. 1506/17.

193 A.D.3d 723 (2021)

148 N.Y.S.3d 124

2021 NY Slip Op 02150

In the Matter of 144-80 Realty Associates, Respondent, v. 144-80 Sanford Apartment Corp., Appellant.

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

Decided April 7, 2021.

Attorney(s) appearing for the Case

Kenneth W. Jiang , New York, NY, for appellant.

Levin & Glasser, P.C., New York, NY ( Rubin Jay Ginsburg and Steven I. Levine of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff/petitioner (hereinafter 144-80 Realty) is the holder of unsold shares in the cooperative corporation of the defendant/respondent, 144-80 Sanford Apartment Corp. (hereinafter the corporation). In 2017, by order to show cause and petition, 144-80 Realty commenced this hybrid action and proceeding pursuant to CPLR article 78, alleging that the corporation had breached the by-laws and...

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