Crosby v. Hucko

OPINION OF THE COURT

Order dated July 12, 2000 affirmed, with $10 costs.

Order dated December 4, 2000 reversed, without costs, and tenant’s motion to vacate the default judgment is granted.

Civil Court correctly ruled that the prohibition of General Business Law § 352-eeee (2) (c) (ii) against owner occupancy proceedings by cooperative owners against nonpurchasing tenants is not available to appellant, in light of the foreclosure of the cooperative’s mortgage, judicial sale, and subsequent conveyance to the individual petitioners. Where cooperative ownership of a building no longer exists,…