Tenant Can't Challenge Co-op Conversion

Landlord owned shares to co-op apartment and sued to evict tenant. Tenant asked the court to dismiss the case. He claimed that the co-op conversion was done without the approval of the New York State attorney general. The court ruled against tenant. Tenant appealed and lost. Tenant can't challenge the co-op conversion of the building because he didn't live there at the time of the conversion. While landlord didn't obtain the attorney general's approval in accordance with the General Business Law, the apartment shareholders occupied and maintained the apartment since 1973, long before tenant moved in. The building, therefore, was a de facto cooperative.

The 55th St. Mark's Place Real Estate Holding Company, Inc. v. Martin: NYLJ, 12/22/08, p. 26, col. 5 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)