Legal Opinion

Fe Bland v. Two Trees Management Co.

New York Court of Appeals

Decided December 19, 1985PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

Meyer, J.

A fee on the transfer of shares in a cooperative apartment corporation (commonly called a "flip tax”) may not be imposed by the corporation’s board of directors, when the bylaws of the corporation authorize the board to impose on such a transfer and assignment only "a reasonable fee to cover actual expenses and attorneys’ fees of the Corporation, a service fee of the Corporation and such other conditions as it may determine”. Nor may a flip tax which is not in proportion to the shares held by the assignor be imposed' under either the "cash requirements” or…

2Cases cited5 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Auerbach v. BennettNew York Court of Appeals · 1979
  3. People v. Mobil Oil Corp.New York Court of Appeals · 1979
  4. State Tax Commission v. ShorNew York Court of Appeals · 1977
  5. Brennan v. Breezy Point Cooperative, Inc.New York Court of Appeals · 1984

3Cited by64 opinions

  1. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  2. Schoninger v. Yardarm Beach Homeowners' Ass'nAppellate Division of the Supreme Court of the State of New York · 1987
  3. Kralik v. 239 East 79th Street Owners Corp.New York Court of Appeals · 2005
  4. Barbour v. KnechtAppellate Division of the Supreme Court of the State of New York · 2002
  5. Mogulescu v. 255 West 98th Street Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1988

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