Queens Unit Venture v. Tyson Court Owners Corp.

Order, Supreme Court, New York County (Louis B. York, J.), entered August 21, 2012, which to the extent appealed from as limited by the briefs, granted defendant Tyson Court Owners Corp.’s motion to renew, and upon renewal, denied plaintiffs motion for summary judgment to the extent it sought a declaration that the shares associated with Units Cl and C5 in the subject building constituted “unsold shares” pursuant to the cooperative’s proprietary lease, unanimously reversed, on the law, without costs, and the motion to renew denied.

The motion court improvidently exercised its discretion in…