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MATTER OF KAPLAN v. LIPKINS

36 Misc.2d 868 (1962)

In the Matter of Hyman Kaplan, Petitioner, v. Sidney K. Lipkins et al., Doing Business as Lipkin Kahn Co., et al., Respondents.

Supreme Court, Special Term, Queens County.

July 18, 1962

Attorney(s) appearing for the Case

Nathan Schwartz for petitioner. Fields, Zimmerman, Klopper, Skodnick & Segall (Ralph Rubel of counsel), for Sidney K. Lipkins and others, respondents. Leo A. Larkin, Corporation Counsel (Rose Schneph, Lester H. Marks and Gene Ann Condon of counsel), for Harold Birns, as Commissioner of the Department of Buildings of the City of N. Y., respondent.

LESTER HOLTZMAN, J.

Petitioner moves for an order directing the Department of Buildings of the City of New York to compel the other respondents herein to use and operate the swimming pool located at 89th Street and 151st Avenue, Queens, on a nonprofit basis, pursuant to the terms of a certificate of occupancy. All respondents move to dismiss the petition, pursuant to section 1293 of the Civil Practice Act, upon the ground that it is insufficient in law...

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