| Title | : | Lawrence R. Bailey v. 800 Grand Concourse Owners |
|---|---|---|
| Author | : | Supreme Court of New York |
| Release | : | 1993-12-02 |
| Kind | : | ebook |
| Genre | : | Law, Books, Professional & Technical |
| Size | : | 70598 |
| Order of the Supreme Court, Bronx County (Howard R. Silver, J.), entered March 8, 1993, which granted the defendant's motion to dismiss plaintiff's first four causes of action and awarded defendant costs and attorneys' fees of $5,215.00 based upon plaintiff's assertion of frivolous causes of action, unanimously modified, on the law, to the extent of denying the defendant's motion as to plaintiff's fourth cause of action and reinstating that cause and vacating the award of costs and attorneys' fees for frivolous litigation, and except as so modified, affirmed, without costs. In January 1987, plaintiff Lawrence R. Bailey, Jr., purchased the shares of and entered into a proprietary lease with defendant 800 Grand Concourse Corporation, a cooperative housing corporation, thereby becoming a tenant-owner of an apartment in defendant's building. In April 1990, defendant's Board of Directors passed a resolution imposing a fee amounting to thirty percent of the annual maintenance for each sublet application submitted by a tenant-shareholder; the fee was to be paid in full at the time of the application. Respecting the imposition of sublet fees, the defendant's by-laws provided, ""the Board of Directors shall have authority before . . . sublet of a proprietary lease . . . to fix a reasonable fee to cover actual expenses and attorneys' fees of the Corporation, a service fee the Corporation and such other conditions as it may determine."" |
