Knolls Cooperative Section No. 2, Inc. v. Cohen
Opinion of the Court
—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered on or about January 7, 2000, which, to the extent appealed from, denied the cross motion of plaintiff-appellant Knolls Cooperative Section No. 2, Inc. for summary judgment, unanimously affirmed, without costs.
Plaintiff cooperative housing corporation seeks, inter alia, a declaration that defendants, two daughters of the deceased occupant of the apartment at issue, are not entitled to elect to purchase the apartment because they did not use it as their primary residence, and, thus, are not “immediate family” within the meaning of the amended cooperative by-laws. While “immediate family” has been strictly construed in leases executed in cooperatives with Federally subsidized mortgages (see, e.g., McCorkle Coop. Apts. v Gross, 54 AD2d 753, affd 43 NY2d 765), plaintiff’s Federally subsidized mortgage had been satisfied and its original by-laws permitted transfer by a shareholder to issue, without any restriction that the issue primarily reside in the apartment. Moreover, although the original occupancy agreement executed by defendants’ father permitted transfer
Finally, the record is also insufficient to conclude that the purchase price, as calculated by the cooperative, is the appropriate prescribed price as required under the by-laws. Concur — Sullivan, P. J., Rosenberger, Williams, Ellerin and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.