Legal Opinion
Rossi v. Simms
Appellate Division of the Supreme Court of the State of New York
Decided August 28, 1986PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
This appeal requires us to consider the scope of discretion vested in the board of directors of a residential cooperative to reject a potential buyer for a professional-use apartment, and further to determine, in this somewhat unusual setting for such a controversy, whether a written agreement between the board and the selling tenant executed 20 years before the proposed sale constitutes a covenant running with the land, or rather a covenant personal to him.
This litigation originated in a contract of sale entered into by defendant and third-party plaintiff Dr.…
2Cases cited4 opinions
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
- Weisner v. 791 Park Avenue Corp.New York Court of Appeals · 1959
- Nicholson v. 300 Broadway Realty Corp.New York Court of Appeals · 1959
3Cited by5 opinions
- In Re RaymondUnited States Bankruptcy Court, S.D. New York · 1991
- Simpson v. Berkley Owner's Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Aronson v. CraneNew York Supreme Court · 1988
- Miller v. SwingleAppellate Division of the Supreme Court of the State of New York · 1988
- Dubro v. KernerAppellate Division of the Supreme Court of the State of New York · 1990