Cohen v. Brown, Harris, Stevens, Inc.
Opinion of the Court
Order entered September 2, 1983 in Supreme Court, New York County (Richard W. Wallach, J.), denying defendants’ motion and staying the action for 90 days, unanimously reversed, on the law, and the defendants’ motion for summary judgment is granted declaring for defendants, with costs. Plaintiffs have a month-to-month rental agreement for two rooms in a building in which their residential co-operative apartment is located. Since 1979 they have rented these rooms for the benefit of their two maids. In early 1980 the co-operative’s board decided that the rooms could be more profitably used, and plaintiffs were given the opportunity to buy the shares for the rooms, at $20,000 per room. Plaintiffs did not find this price acceptable, however, and the offer was withdrawn. The board then investigated the suitability of the rooms for professional office space, and on October 5, 1982 notified plaintiffs that the tenancy would end as of November 30, 1982. This action for declaratory and injunctive relief followed. Upon defendants’ motion for summary judgment, Special Term found such relief precluded since plaintiffs had failed to join the two maids as necessary parties. The court further stayed the entire action for 90 days to allow defendants an opportunity to commence summary holdover proceedings in Civil Court. None of the parties
Case-law data current through December 31, 2025. Source: CourtListener bulk data.