Legal Opinion
Lowy v. Bay Terrace Cooperative, Section VIII, Inc.
District Court, E.D. New York
Decided June 16, 1988No. CV 85-2494 (RJD)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
DEARIE, District Judge.
Plaintiffs Imre and Esther Lowy, owners of an apartment in the Bay Terrace Cooperative, bring this diversity action against the defendant cooperative seeking declaratory relief that will enable them to sell their apartment on the open market without paying defendant a transfer fee (commonly called a “flip tax”). The parties move for summary judgment. For the reasons stated below, the Court grants partial summary judgment to plaintiffs and partial summary judgment to defendant.
FACTS
A. The Co-op and Its Resale Policies
Defendant Bay Terrace…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- City of New York v. StateNew York Court of Appeals · 1976
- Fe Bland v. Two Trees Management Co.New York Court of Appeals · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Imre Lowy and Esther Lowy v. Bay Terrace Cooperative Section Viii, Inc.Court of Appeals for the Second Circuit · 1989