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Property Keyed to Merrill
40 West 67th Street v. Pullman
Citation:790 N.E.2d 1174
Plaintiff cooperative owns the building located at 40 West 67th Street in Manhattan, which contains 38 apartments. In 1998, defendant bought into the cooperative and acquired 80 shares of stock appurtenant to his proprietary lease for apartment 7B. Soon after moving in, defendant engaged in a course of behavior that, in the view of the cooperative, began as demanding, grew increasingly disruptive and intolerable. At the meeting held in June 2000, owners of more than 75% of the outstanding shares in the cooperative were present. Defendant chose not to attend. By vote of 2,048 shares to 0, the shareholders in attendance passed a resolution declaring defendant’s conduct objectionable and directing the Board to terminate his propriety lease and cancel his shares. The Board then sent defendant a notice of termination requiring him to vacate his apartment. Ignoring the notice, defendant remained in the apartment, prompting the cooperative to bring this suit for possession and ejectment.
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