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LOWENKRON v. BERKELEY COOP. TOWERS SEC. 11 CORP.

25 A.D.2d 656 (1966)

Harry Lowenkron et al., Individually and as Member Subscribers of Berkeley Cooperative Towers Sec. 11 Corp., and All Others Similarly Situated, Appellants, v. Berkeley Cooperative Towers Sec. 11 Corp. et al., Respondents

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

March 7, 1966

Order modified by striking therefrom all the decretal paragraphs following the first two. As so modified, order affirmed, without costs.

The decretal provisions thus struck out are improper in that, inter alia: (1) they are not in conformity with the court's opinion, but are based on statements in an affidavit (submitted by defendants with their proposed order) concerning matters alleged to have occurred after the opinion was rendered (Matter of Ayman v...

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