Mullins v. 510 East 86th Street Owners, Inc.

OPINION OF THE COURT

Edward H. Lehner, J.

This is an action to recover a fee paid under protest on the transfer of shares of a cooperative corporation. Before the court is defendant’s motion to dismiss pursuant to CPLR 3211 and plaintiffs’ cross motion for summary judgment.

FACTS

In August 1981 plaintiffs purchased the 98 shares allocated to apartment 6B in premises 510 East 86th Street and received the appurtenant proprietary lease. In connection therewith the seller paid to the cooperative (the defendant) a transfer fee of $60 per share pursuant to the following provision of the bylaws…