Legal Opinion

Northridge Cooperative Section No. 1, Inc. v. 32nd Avenue Construction Corp.

New York Supreme Court

Decided January 11, 1955PublishedCited by 3 opinions

1Opinion of the CourtG-avagan, J.

This action was instituted to recover the so-called “ windfall ” profits resulting from construction of plaintiff’s apartment building for a sum less than the mortgage placed thereon.

The complaint reveals that the two dominating individual defendants acquired, either directly or through a controlled corporation, a parcel of land, leased same to a co-operative corporation of which these individuals or their nominees were the original stockholders, directors and officers, caused the co-operative to obtain a so-called section 213 mortgage (National Housing Act, U. S. Code, tit. 12, §§ 1713,…

2Cases cited3 opinions

  1. Capitol Wine & Spirit Corp. v. PokrassNew York Court of Appeals · 1951
  2. Ripley v. ColwellNew York Supreme Court · 1954
  3. Austin v. GardinerNew York Supreme Court · 1947

3Cited by3 opinions

  1. Jimerson Housing Co. v. ButlerCivil Court of the City of New York · 1978
  2. B.S.L. One Owners Corp. v. RubensteinCivil Court of the City of New York · 1994
  3. Northridge Cooperative Section No. 1, Inc. v. 32nd Avenue Construction Corp.New York Supreme Court · 1958

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