This decision involves the “auction of the shares and proprietary lease” (lease) “associated with a unit in a cooperative corporation pursuant to UCC article 9” (Article 9). The plaintiff, “the winning bidder’s assignee,” sought “to annul the provision of the terms of sale and memorandum of sale [sale terms] that requires him to pay the prior shareholder-tenant’s [shareholder] unpaid maintenance arrears and assessments up to the date of the sale, as well as the maintenance and assessments that accrued while the…shareholder-tenant contested the auction in court.” The closing had taken place and $87,000 had been placed in escrow pending the court’s determination.

The defendants, the legal title trustee and loan servicer (defendants), cross moved for an order denying the plaintiff’s motion and granting them a declaration directing the plaintiff “to pay the outstanding maintenance, and dismissing the complaint.” Since the parties had moved for “the ultimate relief sought in the complaint,” the court treated the subject motion and cross-motion as motions for summary judgment.