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RFLP, LLC v. 255 W. 98TH ST. OWNERS CORP.

Index No. 651102/18. Appeal No. 15992. Case No. 2021-00583.

205 A.D.3d 594 (2022)

169 N.Y.S.3d 280

2022 NY Slip Op 03354

RFLP, LLC, Respondent, v. 255 West 98th Street Owners Corp., Appellant.

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

Decided May 24, 2022.

Attorney(s) appearing for the Case

Wachtel Missry LLP, New York ( Dani Schwartz of counsel), for appellant.

Smith, Gambrell & Russell, LLP, New York ( John G. McCarthy of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Mendez, Higgitt, JJ.

By offering plan dated February 15, 1983, the original sponsor of the building offered shares for sale allocated to 33 apartments in the cooperative corporation in the building located at 255 West 98th Street in Manhattan. The 19th amendment to the offering plan disclosed that on June 26, 1997, the unsold shares held by the original sponsor were transferred to West 98 Units, LLC. By 20th amendment to the offering plan dated May 9, 2000, West 98 Units, LLC was referred to...

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