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KRAUS v. BIRNS

39 Misc.2d 562 (1963)

Benedict H. Kraus et al., Plaintiffs, v. Harold Birns, as Commissioner of the Department of Buildings of the City of New York, Defendant.

Supreme Court, Special and Trial Term, New York County.

June 3, 1963

Attorney(s) appearing for the Case

Myron Epstein for plaintiffs. Leo A. Larkin, Corporation Counsel, for defendant.

MARGARET MARY J. MANGAN, J.

A trial of this action for a declaratory judgment and injunction was had before the court without a jury.

This is an action by both Benedict H. Kraus and Sherman Equities Inc., as plaintiffs, for a declaratory judgment declaring the subject premises, presently called the Hotel Sherman and located at 302 West 47th Street, New York City, to be a hotel and restraining the Commissioner of Buildings from criminally prosecuting...

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