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Park East Apartments, Inc. v. 233 East 86th Street Corp.

143 Misc. 2d 60 Court Supreme Court, Appellate Term, First Department, Decision date 1989-04-19 English

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p. 60
Park East Apartments, Inc., Appellant-Respondent, v 233 East 86th Street Corporation, Respondent-Appellant, et al., Respondents.
Supreme Court, Appellate Term, First Department,
April 19, 1989
APPEARANCES OF COUNSEL
Karlsson & Ng, P. C. (Jonathan Z. Minikes of counsel), for appellant-respondent. Parker Chapin Flattau & Klimpl (Stephen F. Harmon and Joel A. Chernov of counsel), for respondent-appellant.
p. 61
OPINION OF THE COURT

Order entered May 3, 1988 affirmed, with $10 costs to tenant.

On this summary judgment motion, tenant’s president’s unrebutted affidavit establishes that the building on the subject site was vacant and uninhabited in 1981, that that building was completely demolished, the subject building was newly constructed and brand new apartments were sold pursuant to a cooperative offering plan. In view thereof, the subject building does not constitute a "conversion project” and, accordingly, section 3607 of the Condominium and Cooperative Abuse Relief Act of 1980 ( 15 USC § 3607 ) is inapplicable. We reach no other issue.

Ostrau, P. J., Parness and Miller, JJ., concur.

Statutes and regulations cited