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MTR. OF TOMBINI v. BERMAN

31 A.D.2d 467 (1969)

In the Matter of Mary Tombini et al., Respondents, v. Frederic S. Berman, as City Rent and Rehabilitation Administrator, Appellant, and Edward H. Hale, Intervenor-Respondent

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

March 27, 1969.

Attorney(s) appearing for the Case

Harry Michelson of counsel (Nathan Burkan, Jr., with him on the brief; Gerald J. Turetsky, attorney), for appellant.

Jack Newton Lerner for respondents.

STEVENS, P. J., MARKEWICH and STEUER, JJ., concur in Per Curiam opinion; EAGER, J., dissents and votes to affirm in opinion.

Per Curiam.

This article 78 proceeding was instituted to compel the issuance of a certificate of eviction. In February, 1967 petitioners entered into an agreement of sale to purchase shares in a co-operative corporation and to acquire the proprietary lease for Apartment 8 at premises 45 East 9th Street in Manhattan. The agreement of sale stated clearly that the formation of the co-operative did not comply with the...

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