Legal Opinion

440 East 62nd St. Owners Corp. v. 440 East 62nd Street Associates, L.P.

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1995PublishedCited by 2 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about July 7, 1994, which denied plaintiff’s motion for a preliminary injunction enjoining defendants from, inter alia, placing any persons in occupancy in any of the various cooperative apartments corresponding to shares owned by defendant Associates, and denied defendants’ cross motion to dismiss the complaint, unanimously affirmed, without costs.

The material documents are ambiguous whether defendant Associates was intended to be a purchaser of unsold shares, an ambiguity that is not resolved by the extrinsic…

2Cases cited5 opinions

  1. State Farm Fire & Casualty Co. v. LiMauroNew York Court of Appeals · 1985
  2. State Farm Fire & Casualty Co. v. LiMauroAppellate Division of the Supreme Court of the State of New York · 1984
  3. City of New York v. StackAppellate Division of the Supreme Court of the State of New York · 1991
  4. After Six, Inc. v. 201 East 66th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
  5. After Six, Inc. v. 201 East 66th Street AssociatesNew York Court of Appeals · 1982

3Cited by2 opinions

  1. Donovan v. RothmanAppellate Division of the Supreme Court of the State of New York · 1998
  2. Taylor v. New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 2003

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