East 56th Plaza, Inc. v. New York City Conciliation & Appeals Board

Fein, J. (dissenting).

The pertinent facts are fairly stated in the majority opinion.

In my view the threshold issue determinative of this *402appeal is whether a binding and enforceable contract, in this case a lease between a landlord and tenant, came into existence prior to the landlord’s attempt to include in the lease a provision permitting the landlord to terminate the lease on 90 days’ notice pursuant to the filing of an offering plan for conversion of the building to co-operative ownership authorized by subdivision 7 of section 61 of the Code of the Real Estate Industry Stabilization…