Estate of Del Terzo v. 33 Fifth Avenue Owners Corp.

Friedman, J.P., and Saxe, J.,

dissent in a memorandum by Saxe, J., as follows: The decision of defendant cooperative corporation 33 Fifth Avenue Owners Corp. (the Coop) to withhold its consent to the transfer of the decedent’s shares and proprietary lease to both of her adult sons was not unreasonable. The proprietary lease at issue here does not absolutely require that in the event of a cooperator’s death, the Coop permit the assignment of the cooperator’s shares and lease to all applying family members, as long as one of them is financially responsible. Rather, the proprietary lease imposes…