Estate of Del Terzo v 33 Fifth Ave. Owners Corp.

Estate of Del Terzo v 33 Fifth Ave. Owners Corp. 2016 NY Slip Op 08487 Decided on December 20, 2016 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2016
No. 231 SSM 32

[*1]Estate of Helen Del Terzo, et al., Respondents,

v

33 Fifth Avenue Owners Corp., Appellant.

Submitted by Bryan J. Mazzola, for appellant.

Submitted by John J. Malley, for respondents.

Council of New York Cooperatives and Condominiums, amicus curiae.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not err in holding defendant 33 Fifth Avenue Owners Corp. breached paragraph 16(b) of its proprietary lease by unreasonably withholding consent to transfer shares allocated to an apartment and the lease appurtenant thereto from plaintiff Estate of Helen Del Terzo to plaintiffs Michael Del Terzo and Julius Robert Del Terzo. Defendant's remaining arguments are unavailing. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided December 20, 2016