COCHRAN v. ESSEX OWNERS CORPORATION (1998)

Supreme Court, Appellate Division, First Department, New York.

Marion COCHRAN, Plaintiff-Appellant, v. ESSEX OWNERS CORPORATION, et al., Defendants-Respondents.

Decided: May 19, 1998

Before SULLIVAN, J.P., and MILONAS, RUBIN and TOM, JJ.

Richard W. O'Brien, for Plaintiff-Appellant. Lawrence D. Frankel, for Defendants-Respondents.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered January 16, 1997, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff did not attend meetings held by defendant cooperative at which her rights were explained and advice was given that a public auction of foreclosed apartments might be cancelled. Plaintiff voluntarily elected not to purchase her apartment shares during the period in which she and other tenants were given the exclusive right to purchase at substantially reduced prices, and she has failed to show that she suffered damages when her apartment was thereafter sold to another shareholder (see, Oshman v. Yasser, 183 A.D.2d 648, 584 N.Y.S.2d 45). Accordingly, the IAS court properly determined that plaintiff had not stated a cause of action.

The Decision and Order of this Court entered herein on March 10, 1998 is hereby recalled and vacated. See M-2430 and 2491, 250 A.D.2d 459, 675 N.Y.S.2d 278, decided simultaneously herewith.

MEMORANDUM DECISION.

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