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710 PARK AVE. TENANTS ASS'N v. ATTORNEY-GEN. OF THE STATE OF NEW YORK

72 A.D.2d 516 (1979)

710 Park Avenue Tenants Association et al., Appellants, v. Attorney-General of the State of New York et al., Respondents

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

October 18, 1979

Special Term correctly found the petition to be devoid of merit, and properly exercised its discretion in dismissing without prejudice to the commencement of a new and appropriate proceeding rather than permitting the petition to stand as a complaint seeking declaratory and injunctive relief. We take note that in its second amendment to the offering plan, the sponsor-seller has provided for a 10-day option to commence after notice...

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