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Jonas M. Goldstone v. Elise J. Constable Et Al.

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eBook details

  • Title: Jonas M. Goldstone v. Elise J. Constable Et Al.
  • Author : Supreme Court of New York
  • Release Date : January 22, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Order, Supreme Court, New York County (Greenfield, J.), entered April 15, 1981, granting a preliminary injunction restraining the individual defendants from consenting to the transfer of stock of the corporation or consenting to the assignment of a proprietary lease to anyone other than the plaintiff and restraining defendant corporation from issuing stock and from entering into a proprietary lease for the subject space with anyone other than the plaintiff, denying defendants cross motion for summary judgment, and ordering plaintiff to post a surety bond, unanimously modified, on the law, the facts and exercise of discretion to reverse and deny the application for a preliminary injunction and vacate the requirement for a surety bond, and otherwise affirmed, without costs. Plaintiff-respondent is a medical doctor who maintains offices in the subject premises, a residential co-operative building in Manhattan. He purchased stock and received the assignment of a proprietary lease to the apartment in which his offices are located. He does not reside in the building. A "servants room" (SR3) was offered for sale by the estate of a deceased co-operator. A bid by the wife of the defendant co-operative housing corporation president was rejected and subsequently the estate entered into a conditional contract for the sale of SR3 with the plaintiff. The doctor intended to use the room for storage purposes in connection with his medical practice. [84 A.D.2d 519 Page 520]


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