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PARKCHESTER APTS. CO. v. LEFKOWITZ

44 A.D.2d 442 (1974)

In the Matter of Parkchester Apts. Co., Respondent, v. Louis J. Lefkowitz, as Attorney-General of The State of New York, Appellant In the Matter of John J. Whalen, on Behalf of Himself and All Others Similarly Situated, Respondent-Appellant, v. Louis J. Lefkowitz, as Attorney-General of The State of New York, et al., Appellants-Respondents In the Matter of Parkchester Apts. Co., Respondent, v. Louis J. Lefkowitz, as Attorney-General of The State of New York, Respondent Mary Winfield et al., Proposed Intervenors-Appellants

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

May 16, 1974.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Shirley Adelson Siegel of counsel), for Attorney-General of the State of New York.

Paul, Weiss, Rifkind, Wharton & Garrison (Simon H. Rifkind, Edward N. Costikyan and Bernard Ouziel of counsel), for Parkchester Apts. Co.

Harry H. Lipsig (Joseph P. Napoli of counsel), for Mary Winfield and another, proposed intervenors-appellants, amici curiae.

NUNEZ, J. P., LUPIANO and TILZER, JJ., concur.

STEUER, J.

The three appeals, all involving the efforts of Parkchester Apts. Co. to convert to a condominium, are considered together. The appeal by Winfield and Gordon from the denial of their motion to vacate a prior judgment was taken without permission and is dismissed.

We consider first the appeal in the action of Whalen v. Lefkowitz. In this action Whalen, a tenant in the north quadrant of...

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