Only Named Tenant Can Buy Apartment

September 30, 2006

LVT Number: 19126

An apartment occupant sued tenant after the building converted to cooperative ownership. Occupant claimed she had the right to buy the apartment and asked the court to delay the transfer of the apartment shares to tenant. The court ruled against occupant. Occupant appealed and lost. The offering plan and applicable law gave tenant of record the right to buy the apartment. It didn't matter whether tenant was subletting the apartment to the occupant at the time the co-op conversion plan was filed.

An apartment occupant sued tenant after the building converted to cooperative ownership. Occupant claimed she had the right to buy the apartment and asked the court to delay the transfer of the apartment shares to tenant. The court ruled against occupant. Occupant appealed and lost. The offering plan and applicable law gave tenant of record the right to buy the apartment. It didn't matter whether tenant was subletting the apartment to the occupant at the time the co-op conversion plan was filed.

Walsh v. Wusinich: NYLJ, 9/21/06, p. 34, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Sweeny, Catterson, McGuire, Malone, JJ)

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