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MINTON v. DOMB

63 A.D.2d 36 (1978)

Edward Minton, as Attorney for Doris Kaskel, Appellant, v. Bernard B. Domb et al., Respondents

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

June 27, 1978

Attorney(s) appearing for the Case

Donald S. Snider of counsel (Edward Minton, pro se, and Gerald Levine with him on the brief; Finley, Kumble, Wagner, Heine & Underberg, attorneys), for appellant.

Howard Schechter of counsel (Schekter, Aber & Hecht, P. C., attorneys), for Laure E. Domb, respondent.

Cullen S. McVoy of counsel (Ellis S. Franke, attorney), for New York City Conciliation and Appeals Board, amicus curiae.

FEIN, J., concurs with EVANS, J.; MARKEWICH, J., concurs in an opinion; SILVERMAN, J. P., dissents in an opinion.

EVANS, J.

This is a summary hold-over proceeding seeking recovery of a certain co-operative apartment in New York City. The building in question was converted to a co-operative under the Rent Stabilization Law of 1969, such conversion taking place in 1971. In July, 1972, one Alvin Schragis purchased the shares controlling the vacant apartment and was given a proprietary lease. Vacant until September, 1973, a three...

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