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DE MINICIS v. 148 EAST 83RD ST.

20 A.D.2d 236 (1964)

Mario De Minicis et al., Respondents-Appellants, v. 148 East 83rd Street, Inc., et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 30, 1964.

Attorney(s) appearing for the Case

Alfred W. Charles of counsel (Alfred S. Holems, attorney), for respondents-appellants.

William L. Messing of counsel (McLaughlin, Fougner & Messing, attorneys), for appellants-respondents.

William J. Condren of counsel (Alfred S. Holmes, attorney), for respondents-appellants.

BOTEIN, P. J., BREITEL and STEVENS, JJ., concur with BASTOW, J.; RABIN, J., dissents in opinion.

BASTOW, J.

In 1954 the premises at 148 East 83rd Street in Manhattan consisted of a walk-up tenement, five stories high, containing 10 six-room apartments occupied by statutory tenants paying fixed maximum rents ranging from monthly sums of $57.50 to $72.45. In that year the defendant, Carsen, purchased the premises for $40,000 and placed title in 148 East 83rd Street, Inc. (herein "148 East"). This corporation...

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