Legal Opinion

Frank v. Shaw

New York Supreme Court

Decided September 5, 1984Published

1Opinion of the Court

OPINION OF THE COURT

Felice K. Shea, J.

The principal question presented on this motion by defendant West 90th Street Owners Corporation to dismiss the complaint against it for failure to state a cause of action is whether a subtenant of part of an apartment may have the right to purchase shares in a cooperative corporation.

Plaintiff is a subtenant of one room of codefendant Ray Shaw’s seven-room cooperative apartment at 255 West 90th Street, New York, New York. In the underlying action, plaintiff seeks (1) a declaration that he is entitled to purchase the shares or his proportionate part of…

2Cases cited16 opinions

  1. Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.New York Court of Appeals · 1979
  2. Barr v. WackmanNew York Court of Appeals · 1975
  3. Law Research Service, Inc. v. Honeywell, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
  4. Burns v. 500 East 83rd Street Corp.New York Court of Appeals · 1983
  5. Wissner v. 15 West 72nd Street AssociatesNew York Court of Appeals · 1982

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