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LOWY v. BAY TERRACE CO-OP, SECTION VIII, INC.

No. CV 85-2494 (RJD).

698 F.Supp. 1058 (1988)

Imre LOWY and Esther Lowy, Plaintiffs, v. BAY TERRACE COOPERATIVE, SECTION VIII, INC., Defendant.

United States District Court, E.D. New York.

June 16, 1988.

Attorney(s) appearing for the Case

Nicholas R. Doman, New York City, for plaintiffs.

Donald N. David, Dreyer & Traub, New York City, for defendant.

MEMORANDUM DECISION AND ORDER

DEARIE, District Judge.

Plaintiffs Imre and Esther Lowy, owners of an apartment in the Bay Terrace Cooperative, bring this diversity action against the defendant cooperative seeking declaratory relief that will enable them to sell their apartment on the open market without paying defendant a transfer fee (commonly called a "flip tax"). The parties move for summary judgment. For...

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