12 A.D.2d 457 | N.Y. App. Div. | 1960
Order entered March 31, 1960, which directed inter alia transfer of defendants’ stock in a co-operative apartment, unanimously modified on the law, on the facts and in the exercise of discretion as hereinafter set forth, and as so modified, the order is affirmed, with $20 costs and disbursements to appellant. There shall be inserted after the second ordering paragraph a further and additional paragraph reading as follows: “ ordered, that the defendants, within twenty (20) days after service of a copy of this order, shall, in good faith, take any and all steps necessary to procure the consent of 435 East 57th Street Apartments, Inc. to the transfer and sale of the proprietary lease and stock to the plaintiff, and, in the event such consent be obtained, to deliver up and surrender possession of said apartment 5B to plaintiff as hereinafter directed; and it is further ”. The fourth ordering paragraph of the order appealed from is modified by insertion of the words “and surrender possession to the plaintiff of” after the word “vacate”, so that such paragraph shall read as follows: “ordered, that in the event such consent is obtained the defendants shall vacate and surrender possession to the plaintiff of Apartment 5B, 435 East 57th Street, New York, New York, within ninety (90) days after the delivery of the said certified check to the said defendants’ attorneys, Bijur & Herts, Esqs.; and it is further ”. The fifth ordering paragraph of the order appealed from is modified by insertion of the