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MTR. OF DEPT. OF BLDGS. (PHILCO REALTY)

46 Misc.2d 616 (1965)

In the Matter of the Department of Buildings of the City of New York, Petitioner. Philco Realty Corporation, Respondent.

Supreme Court, Special Term, New York County.

April 23, 1965

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Lloyd A. Deutsch of counsel), for petitioner. Edward Pious for respondent. Carl Brecher and Harry Krauss, for first mortgagee.

WILFRED A. WALTEMADE, J.

In what appears to be a proceeding of first impression, an owner and the first mortgagee petition the court to discharge and remove the Commissioner of Real Estate of the City of New York as Receiver of a multiple dwelling, pursuant to section 309 (subd. 5, par. d, cl. 4) of the Multiple Dwelling Law, "upon the ground that the said hazardous conditions have been removed and the violations...

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