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Co-op's Fact Findings Held Binding on Eviction Court

BY Joel E. Miller
August 01, 2003

Part One of this article reported on how the Court of Appeals, in 40 W. 67th St. Corp. v. Pullman (5/13/03), ruled that RPAPL '711(1) should be interpreted when the evicting landlord is a housing cooperative.

Pullman in the Courts

Pullman was an ejectment action in which the plaintiff cooperative was attempting to evict the defendant tenant-shareholder (Pullman), asserting that it had terminated his proprietary lease under a provision therein that allowed it to do so if, upon the affirmative vote of the holders of at least two-thirds of its outstanding stock, it “determine[d] … that because of objectionable conduct … the tenancy of the Lessee is undesirable.” There was no doubt that a meeting had been held at which the cooperative's shareholders had adopted a resolution declaring Pullman's conduct “objectionable” and directing the board of directors to terminate his proprietary lease. As the Court of Appeals noted, “[t]he resolution contained the findings upon which the shareholders concluded that [Pullman's] behavior was inimical to cooperative living.”

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