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GILLIGAN v. TISHMAN REALTY & CONSTR. CO.

283 A.D. 157 (1953)

Mae Gilligan et al., on Behalf of Themselves and All Tenants of 1070 Park Avenue, Similarly Situated, Appellants, v. Tishman Realty & Construction Co., Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1953.

Attorney(s) appearing for the Case

John F. X. Finn of counsel (Martin V. Callagy, David M. Palley, Julius L. Neidle with him on the brief; David M. Palley, Julius R. Oltarsh and Julius L. Neidle, attorneys), for appellants.

Charles H. Tally of counsel (Reuben Tally with him on the brief; Charles H. Tally, attorney), for Tishman Realty & Construction Co., Inc., and others, respondents.

Robert S. Fougner of counsel (McLaughlin & Fougner, attorneys), for Maurice Mound and others, respondents.

BREITEL and BASTOW, JJ., concur with BOTEIN, J.; COHN, J. P., dissents and votes to affirm, in opinion in which BERGAN, J., concurs.

BOTEIN, J.

This action is brought by a number of tenants of a Park Avenue multiple dwelling, who seek a declaratory judgment declaring in essence that a plan for the co-operative ownership of the apartment building was illegally conceived and executed and therefore never became legally operative; and also that illegal pressures were exerted by the defendants to cause...

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