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  5. 39 N.Y.2d 848 (1976)
 

MORGAN & BROTHER MANHATTAN STORAGE CO., INC. v. BALIN

39 N.Y.2d 848 (1976)

Morgan and Brother Manhattan Storage Company, Inc., Appellant, v. Herbert M. Balin et al., as Copartners, Practicing Law Under the Name of Wydler, Balin, Pares & Soloway, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 2, 1976.

Attorney(s) appearing for the Case

Owen McGivern, Lawrence P. McGauley, Ronald S. Herzog, John E. Schmeltzer, III, Robert L. Magielnicki and John W. Wall for appellant.

Francis Bergan, Harry Reiss, Samuel Kirschenbaum and Richard H. Abelson for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur; Judge WACHTLER taking no part.

MEMORANDUM.

The order of the Appellate Division is affirmed on the opinion of Mr. Justice MYLES J. LANE of that court. We take this occasion to add one observation. In this instance the applicant was categorically advised by the Deputy Borough Superintendent of Buildings that no amendment of the certificate of occupancy was possible. In some situations it might be urged that on receipt of such advice the prospective purchaser...

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