Elm Shade Maintenance Corp. v. Elm Shade Estates, Inc.

Appeal from an order of the Supreme Court (Torraca, J.), entered March 3, 1997 in Sullivan County, which denied defendant’s motion to dismiss the complaint.

Charles Freilick is the founder of defendant, a cooperative corporation which owns certain real property in the Town of Fallsburg, Sullivan County, that has been developed for residential purposes as a cooperative bungalow colony. Between 1986 and 1987, Freilick built 15 units within the development which he sold to individual purchasers who comprise the cooperative members of defendant. Prior to these conveyances, he established plaintiff…