Carnivale v. Carnivale

In Carnivale v. Carnivale, (25 Misc 3d 878 [Queens County, Sup Ct 2009]) the court analyzed the question of gift shares of a cooperative. The defendant lived for 18 years in an apartment and was aware that his father, the plaintiff, owned the stock of the cooperative and the lease to the premises. The plaintiff sought to evict his son, who moved for a preliminary injunction and argued that the premises was an actual gift from the plaintiff. In denying injunctive relief, the court stated that there was no evidence of a manifest intent by the plaintiff, such as a delivery of a deed, which would indicate a gift transaction to defendant.