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GOLDNER v. DOKNOVITCH

88 Misc.2d 88 (1976)

Charles Goldner, as Agent for 171 West 79 Street Co., Appellant, v. Anthony Doknovitch, Respondent. Charles Goldner, as Agent for 171 West 79 Street Co., Appellant, v. Domenica Lupu, Respondent.

Supreme Court, Appellate Term, First Department.

September 24, 1976

Attorney(s) appearing for the Case

McLaughlin & Fougner (Robert S. Fougner and Gary Rosenberg of counsel), for appellant. Berger, Kramer & Sugerman (Robert Sugerman of counsel), for Anthony Doknovitch, respondent. Proskauer Rose Goetz & Mendelsohn (Howard Lichtenstein, Marvin Dicker and Abraham Borenstein of counsel), for Realty Advisory Board on Labor Relations, amicus curiae. Levenson & Ule for Metropolitan Council on Housing, amicus curiae.

Concur: DUDLEY, P. J., HUGHES and TIERNEY, JJ.

Per Curiam.

Final judgment in each proceeding, entered after trial before MILANO, H. O., on June 14, 1976, so far as appealed from, reversed without costs and each proceeding remanded to the court below for retrial of the counterclaim in accordance with this opinion.

In these nonpayment summary proceedings tenants interposed counterclaims for breach of the warranty of habitability due to the reduction of services...

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