Haller v. 360 Riverside Owners Corp.

Order, Supreme Court, New York County (Paula Omansky, J.), entered December 17, 1999, which, in this declaratory judgment action, granted defendant’s motion to dismiss plaintiffs’ complaint, unanimously modified, on the law, to declare in defendant cooperative corporation’s favor that plaintiff cooperative corporation shareholders may not avoid payment of defendant’s major capital improvement assessment upon the grounds advanced in this action, and otherwise affirmed, without costs.

The claim upon which plaintiffs’ asserted right to avoid payment of major capital improvement assessments levied…