New York Court of Appeals, 2016

Estate of Del Terzo v. 33 Fifth Avenue Owners Corp.

New York Court of Appeals · Decided December 20, 2016 · Abdus, Difiore, Fahey, Garcia, Pigott, Rivera, Salaam, Stein

28 N.Y.3d 1114; 68 N.E.3d 90

Cases that cite this one

6 later published cases cite this decision.

Orlitsky v. 33 Greenwich Owners Corp. (Appellate Division of the Supreme Court of New York 2025)
Matter of Schulte (Appellate Division of the Supreme Court of New York 2023)
Olcott v. 308 Owners Corp. (Appellate Division of the Supreme Court of New York 2020)
601 W. 136 St. HDFC v. Tsiropoulos (Appellate Terms of the Supreme Court of New York 2018)
Rose v. 115 Tenants Corp. (Appellate Division of the Supreme Court of New York 2017)
Musey v. 425 East 86 Apartments Corp. (Appellate Division of the Supreme Court of New York 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not err in holding defendant 33 Fifth Avenue Owners Corp. breached paragraph 16 (b) of its proprietary lease by unreasonably withholding consent to transfer shares allocated to an apartment and the lease ap*1116purtenant thereto from plaintiff Estate of Helen Del Terzo to plaintiffs Michael Del Terzo and Julius Robert Del Terzo. Defendant’s remaining arguments are unavailing.

Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.