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LIPKIS v. PIKUS

99 Misc.2d 518 (1979)

Eliahu Lipkis, Appellant-Respondent, v. Mario Pikus et al., Respondents-Appellants.

Supreme Court, Appellate Term, First Department.

March 30, 1979

Attorney(s) appearing for the Case

Shatzkin, Cooper, Labaton, Rudoff & Bandler (William H. Morris and Gerald P. McMorrow of counsel), for appellant-respondent. Levenson & Ule (Anne Jaffe of counsel), for (Mario Pikus and others, respondents-appellants. Roger K. Evans and Michael D. Kaufman for William Gordy, respondent-appellant. Berger, Kramer & Sugerman (Robert Sugerman of counsel), for Metropolitan Council on Housing and Lower Manhattan Loft Tenants Association, amici curiae.

HUGHES, J. P., and TIERNEY, J., concur in Per Curiam opinion; RICCOBONO, J., dissents in separate memorandum.

Per Curiam.

Order entered October 13, 1978 (LEONARD N. COHEN, J.) modified by reversing so much thereof as directed final judgment in favor of the tenants dismissing the petition and as directed the refund of deposited rent, and final judgment directed in favor of landlord as prayed for in the petition; as modified, order affirmed, with $10 costs to the petitioner. However, enforcement of the final judgment shall...

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