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ELKORT v. 490 WEST END AVE. CO.

38 A.D.2d 1 (1971)

Eddie Elkort, Respondent, v. 490 West End Avenue Company, Appellant, et al., Defendant

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

November 30, 1971.

Attorney(s) appearing for the Case

Irving Teplitsky of counsel (Trause, Saltzman, Perlman & Teplitsky, attorneys), for appellant.

Jonathan B. Altschuler for respondent.

MURPHY and TILZER, JJ., concur with EAGER, J.; McGIVERN, J. P., dissents in an opinion in which KUPFERMAN, J., concurs.

EAGER, J.

The plaintiff's amended complaint has been attacked by motion, on affidavits, pursuant to CPLR 3211 (subd. [a], pars. 2 and 7) and we conclude that the motion should have been granted and the complaint dismissed.

Plaintiff alleges that since 1951 he has been a statutory tenant of an apartment in a building situated in New York City and owned by defendant; that in June, 1969, a fire occurred in...

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