Legal Opinion

1326 Apartments Corp. v. Barbosa

Civil Court of the City of New York

Decided April 23, 1990PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Jane S. Solomon, J.

Plaintiff moves for an order pursuant to CPLR 3212 directing entry of summary judgment in the amount of $5,430.90, plus interest, on the ground that the plaintiff cooperative corporation validly imposed, and thus defendants Barbara Pierce and Charles Pierce must pay, a transfer fee, commonly known as a "flip tax”, incurred when they sold their shares in the cooperative corporation to a third party. Defendants cross-move for summary judgment, contending that this fee was improperly imposed and is invalid. As set forth below, plaintiff’s motion is granted…

2Cases cited4 opinions

  1. Fe Bland v. Two Trees Management Co.New York Court of Appeals · 1985
  2. Mogulescu v. 255 West 98th Street Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1988
  3. Quirin v. 123 Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Vaughn v. Manor Towers Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by4 opinions

  1. Sulcov v. 2100 Linwood Owners, Inc.New Jersey Superior Court Appellate Division · 1997
  2. Gurney's Inn Resort & Spa Ltd. v. BenjaminDistrict Court, E.D. New York · 2012
  3. Yatter v. Continental Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Lioi v. Westview EquitiesJustice Court of Village of Tuckahoe · 2005

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