Legal Opinion

Saada v. Master Apts. Inc.

New York Supreme Court

Decided May 29, 1991PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Diane A. Lebedeff, J.

In this action involving a residential cooperative apartment claimed to be uninhabitable because of leaks and damaged *862plaster, plaintiff tenants move for a preliminary injunction (CPLR 6301) to enjoin defendant cooperative’s assertion of a right to take possession of and dispose of the shares of stock to satisfy a claim for maintenance charges, which the defendant cooperative desires to exercise, consistent with UCC 9-501, without resort to judicial process.

The plaintiff’s motion raises an apparent conflict between a recognized remedy under the Uniform…

2Cases cited41 opinions

  1. W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
  2. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  3. Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
  4. Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
  5. State Tax Commission v. ShorNew York Court of Appeals · 1977

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3Cited by5 opinions

  1. ALH Properties Ten, Inc. v. 306-100th Street Owners Corp.New York Court of Appeals · 1995
  2. In Re PandeffUnited States Bankruptcy Court, S.D. New York · 1996
  3. McMillan v. Park Towers Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Fridman v. Dime Savings BankAppellate Division of the Supreme Court of the State of New York · 1994
  5. Morgan v. Gordon & Co.Appellate Division of the Supreme Court of the State of New York · 1994

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