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Kevin Mcconnell Argues on Behalf of Mitchell-Lama Shareholders at the Court of Appeals

October 11, 2012

Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP partner Kevin McConnell argued before the New York State Court of Appeals on Wednesday, October 10, 2012. McConnell argued before the highest court in New York State on behalf of shareholders at East Midtown Housing, a Mitchell-Lama building, who voted for privatization in January 2009. Over 64% of the tenants at East Midtown voted for privatization. The New York State Attorney General rejected the privatization plan on the basis that the vote should have been by apartment rather than by share and that if the vote had been by apartment the privatization vote would have failed. The overwhelming majority of the tenants, who support privatization, have challenged the decision of the Attorney General, arguing that the relevant New York City Housing, Preservation and Development (“HPD”) regulation and Business Corporations Law (”BCL”) statute, required that the vote be by share.