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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McFadden v. Sassower, 27 Misc. 3d 45 (2010)

Citation
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Parent Document
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Jurisdiction
New York (state)
Effective Date
2010-02-23

Full Text

1,414 chars
Landlord was, at all times relevant to this holdover proceeding, the proprietary lessee of, and the owner of shares allocated and appurtenant to, the cooperative apartment that is the subject of this proceeding. In 1987, landlord entered into a contract to sell his shares and his interest in the subject apart*47ment to tenant and her mother. Paragraph 6 of the contract of sale states, “This sale is subject to the approval of the directors or shareholders of the Corporation as provided in the Lease or the corporate by-laws.” At the same time, landlord, tenant and tenant’s mother entered into an occupancy agreement incident to the contract of sale. Tenant took possession of the subject apartment pursuant to that occupancy agreement. The cooperative corporation subsequently declined to approve the sale to tenant and her mother, following which landlord, in 1989, commenced a holdover summary proceeding to recover possession of the premises, and tenant and her mother commenced an ultimately unsuccessful federal action against, amongst others, the cooperative corporation. The federal litigation ended in 1993. Tenant paid landlord the sum of $1,000 every month until 2001, when, pursuant to landlord’s demands, she began paying increased monthly amounts. The 1.989 summary proceeding remained dormant from 1993 until this proceeding was commenced in 2007. Tenant’s mother never resided in the apartment.