PARK EAST CO. v. CERRATO


76 Misc.2d 1066 (1974)

Park East Company, Plaintiff, v. Frederick Cerrato et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

February 6, 1974


Attorney(s) appearing for the Case

Murray J. Lefcourt for plaintiff. Avrach & Clark (David Avrach of counsel), for defendants.


SHANLEY N. EGETH, J.

Plaintiff moves for an order granting it leave to discontinue its pending plenary action for rent against 21 of the 38 designated tenant-defendants in this action. The tenants object.

The moving papers disclose the following history and background:

The tenant defendants for their mutual protection formed a committee and hired counsel. They have withheld their rents from the landlord, while paying equivalent moneys...

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