| Estate of Del Terzo v 33 Fifth Ave. Owners Corp. |
| 2016 NY Slip Op 08487 [28 NY3d 1114] |
| December 20, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 8, 2017 |
| Estate of Helen Del Terzo et al., Respondents, v 33 Fifth Avenue Owners Corp., Appellant. |
Decided December 20, 2016
Estate of Del Terzo v 33 Fifth Ave. Owners Corp., 136 AD3d 486, affirmed.
Boyd Richards Parker & Colonnelli, P.L., New York City (Bryan J. Mazzola of counsel), for appellant.
Smith, Buss & Jacobs, LLP, Yonkers (John J. Malley and Nancy Durand of counsel), for respondents.
Gallet Dreyer & Berkey, LLP, New York City (Marc J. Luxemburg of counsel), for Council of New York Cooperatives and Condominiums, amicus curiae.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not err in holding defendant 33 Fifth Avenue Owners Corp. breached paragraph 16 (b) of its proprietary lease by unreasonably withholding consent to transfer shares allocated to an apartment and the lease ap{**28 NY3d at 1116}purtenant thereto from plaintiff Estate of Helen Del Terzo to plaintiffs Michael Del Terzo and Julius Robert Del Terzo. Defendant's remaining arguments are unavailing.
Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.