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MATTER OF LEFKOWITZ v. PARKER

30 N.Y.2d 964 (1972)

In the Matter of the State of New York by Louis J. Lefkowitz, Attorney-General of the State of New York, Appellant, v. Jack Parker, Doing Business as Parman Company, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 6, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Irving Galt, Samuel A. Hirshowitz, Mark T. Walsh, Meyer H. Mencher and Robert E. Perin of counsel), for appellant.

Bernard Botein, Howard L. Weinreich, Harold R. Liebman, Arthur Kramer and Lawrence M. Kaye for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judge JASEN dissents and votes to reverse in the following opinion in which Judge BREITEL concurs.

Order affirmed, without costs, on the sole ground that the Attorney-General is without standing to maintain this proceeding under section 63 (subd. 12) of the Executive Law (Matter of State of New York v. Parkchester Apts. Co., 28 N.Y.2d 842). Dismissal is without prejudice to such other action or proceeding as they may be advised, by or on behalf of the tenants as owners of the deposits held in trust by the landlords, to compel...

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