Legal Opinion

Rubinstein v. 160 West End Owners Corp.

New York Court of Appeals

Decided November 16, 1989PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

The question is whether an estate can count among its assets the "insider’s price” of its decedent’s apartment. The deceased tenant of record died before the apartment was offered for sale under the subsequently accepted cooperative conversion plan. Controlling precedent and the relevant statute therefore compel a negative answer to the question posed.

Decedent was the sole occupant and tenant of record on the lease of a rent-stabilized apartment owned by respondents and located on the Upper West Side of Manhattan. She died on August 22, 1986 with 10 months…

2Cases cited3 opinions

  1. De Kovessey v. Coronet Properties Co.New York Court of Appeals · 1987
  2. Consolidated Edison Co. of New York, Inc. v. 10 West 66th Street Corp.New York Court of Appeals · 1984
  3. Manolovici v. 136 East 64th Street AssociatesNew York Court of Appeals · 1987

3Cited by5 opinions

  1. Russell v. Raynes Associates Ltd.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Moskowitz v. JordenAppellate Division of the Supreme Court of the State of New York · 2006
  3. Ganson v. GoldfaderNew York Supreme Court · 1990
  4. Poulakas v. OrtizCivil Court of the City of New York · 2009
  5. Matter of Bikman v. New York City Loft Bd.Appellate Division of the Supreme Court of the State of New York · 2022

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