Cavanagh v. 133-22nd Street Jackson Heights Inc.

*218OPINION OF THE COURT

Luther V. Dye, J.

The decedent was the holder of a proprietary lease for a cooperative apartment and owner of certain shares of capital stock in the defendant cooperative housing corporation. The executrix of the estate sought to sell decedent’s apartment and presented potential purchasers to defendant. Defendant rejected all of these potential purchasers. The executrix subsequently filed a petition seeking an order declaring that the permission and consent of defendant is not necessary as a precondition to the assignment of the lease for the apartment and sale of…