Thomas v. 81-87 Owners Corp.

OPINION OF THE COURT

Alan L. Lebowitz, J.

The primary issue to be decided by this motion for summary judgment is whether the defendant corporation had the authority to collect a transfer tax, commonly known as a flip tax, on the sale of plaintiffs cooperative apartment located at 81 Columbia Heights, Brooklyn, New York.

The pertinent facts are as follows:

*238Pursuant to paragraph 7 of the fourth amendment to the offering plan dated July 14, 1982, the bylaws and proprietary lease were amended to provide for the enactment of a transfer tax on the sale of each apartment. The amendment was duly filed…