330 West End Apartment Corp. v. Kelly

OPINION OF THE COURT

Leonard N. Cohen, J.

Plaintiff, a residential cooperative corporation, commenced this underlying action for a judgment declaring the legality of its board of directors resolution imposing a transfer fee, popularly called a flip tax, as a condition for the sale of defendant’s cooperative apartment shares and the assignment of his proprietary lease. The defendant, a former tenant and shareholder in the corporation, counterclaims for a refund of the flip tax he was compelled to pay in order to consummate his sale and lease assignment.

Plaintiff moves, herein, pursuant to CPLR…