Kralik v. 239 East 79th Street Owners Corp.

*268Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered June 1, 2006, which, inter alia, granted plaintiffs’ motion for summary judgment declaring them to be holders of unsold shares in defendant cooperative corporation, entitled to sublet without consent or fee, and enjoined defendant from interfering with such rights, unanimously affirmed, with costs.

Even assuming, as the co-op argues, that the definition of “unsold shares” in paragraph 38 of the proprietary lease as certain shares issued “pursuant to” the offering plan served to incorporate by reference the specific…