Odette Realty Co. v. Tremblay

• Decision Date: 21 April 1994
• Citation: 203 A.D.2d 149,610 N.Y.S.2d 519
• Parties: ODETTE REALTY COMPANY, Petitioner-Appellant, v. Lisa T. TREMBLAY, etc., et al., Respondents-Respondents.
• Court: New York Supreme Court — Appellate Division

Page 519

610 N.Y.S.2d 519

203 A.D.2d 149

ODETTE REALTY COMPANY, Petitioner-Appellant, v. Lisa T. TREMBLAY, etc., et al., Respondents-Respondents.

Supreme Court, Appellate Division First Department.

April 21, 1994.

Before SULLIVAN, J.P., and ROSENBERGER, KUPFERMAN and ROSS, JJ.

MEMORANDUM DECISION.

Order and judgment (one paper), Supreme Court, New York County (Myriam J. Altman, J.), entered March 18, 1993 dismissing the summary proceeding, unanimously affirmed, without costs or disbursements.

Respondents Lisa Tremblay and Christopher Murray are the holders of a lease, executed by M. Rabina in behalf of 251 West 92nd Corp. as landlord on January 6, 1992, for apartment 9C at 251 West 92nd Street, naming each of them as tenants. The apartment is rent stabilized and the lease registered with the Division of Housing and Community Renewal (DHCR). The lease was executed before the issuance of an order precluding 251 West 92nd Corp. from entering into leases with other prospective tenants for apartments in the premises without the consent of Paul Bogoni, who had commenced a separate action against Claire Friedlander, Maidad Rabina and others in the Supreme Court, New York County, attempting to establish his interest in the partnership, Odette Realty Co. (Bogoni v. Friedlander, Index No. 20499/86.) One of Odette's assets, at least until May 24, 1988, was the apartment building at 251 West 92nd Street. Bogoni and Friedlander had executed a joint venture agreement on February 21, 1985 reciting that they owned the 251 West 92nd Street premises "as tenants in common (Friedlander owns 45%, Bogoni owns 55%)" and that they will "use their best efforts in co-operating with each other to expedite the conversion of the premises to co-op ownership." (Bogoni v. Friedlander, 197 A.D.2d 281, 284, 610 N.Y.S.2d 511 [decided simultaneously herewith].) The relationship between Bogoni and Friedlander deteriorated and, on April 18, 1988, Friedlander executed a contract on behalf of Odette to sell the premises to Rabina. (Id.) The sale was consummated on May 24, 1988 and title taken in the name of 251 West 92nd Corp. After a trial of the Bogoni matter, the sale was voided and Odette directed, by judgment entered on or about October 30, 1992, to convey title to the premises to Bogoni and Friedlander as tenants in common. Odette thereafter, on the basis of that judgment, commenced this summary proceeding against the Murrays seeking their eviction and a declaration of nullity...