Cole v. 1015 Concourse Owners Corp.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered November 20, 2008, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to dismiss the complaint seeking, inter alia, declaratory relief, unanimously affirmed, with costs. Appeal from order (same court and Justice), entered on or about July 2, 2009, which reduced the undertaking to be posted to secure the preliminary injunction granted in the November 20, 2008 order, unanimously dismissed, without costs, as abandoned.

In 1998, defendant M 1015 G.C. purchased all the unsold cooperative shares in…