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MATTER OF ARNETT v. LEFKOWITZ

77 Misc.2d 821 (1974)

In the Matter of Steve Arnett, Individually and on Behalf of All Others Similarly Situated, Petitioners, v. Louis J. Lefkowitz, as Attorney-General of the State of New York, Respondent.

Supreme Court, Special Term, New York County.

April 9, 1974

Attorney(s) appearing for the Case

Berger, Kramer & Levenson (Robert Sugerman of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (David Clurman, Arthur S. Levine and Gerald J. Hurwitz of counsel), for respondent.

ABRAHAM J. GELLINOFF, J.

This article 78 proceeding presents the question whether decontrolled apartments may be counted in determining whether a plan to co-operate an apartment building meets the requirement that 35% of the tenants in occupancy agree to purchase their apartments (Administrative Code of City of New York, § YY51-6.0, subd. c, par. [9], cl. [a]; Code of the Real Estate Industry Stabilization...

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