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FRANK v. 903 PARK AVE. CO.

77 Misc.2d 421 (1974)

Richard B. Frank, Plaintiff, v. 903 Park Avenue Co., Inc., Defendant.

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

March 20, 1974

Attorney(s) appearing for the Case

Whitehorn & Delman (Victor Whitehorn of counsel), for defendant. Borah, Altschuler & Borah (Lawrence Borah of counsel), for plaintiff.

BURTON S. SHERMAN, J.

The defendant landlord moves for summary judgment seeking to dismiss the complaint for insufficiency in an action alleged to be in prima facie tort.

The plaintiff, a statutory tenant, occupied a three-room apartment located at 903 Park Avenue. In 1969, the Rent Commission resolved a dispute between the parties by compelling the defendant to paint the apartment. Subsequent thereto...

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