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ANSONIA ASSOC v. ANSONIA RES

78 A.D.2d 211 (1980)

Ansonia Associates, Respondent, v. Ansonia Residents' Association et al., Appellants, et al., Defendants. (Action No. 1.) Ansonia Associates, Appellant, v. Ansonia Residents' Association et al., Respondents, et al., Defendants. (Action No. 2.)

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

December 30, 1980

Attorney(s) appearing for the Case

Edward Heller of counsel (Heller & Peck, attorneys), for appellants with respect to Appeal No. 1 and for respondents with respect to Appeal No. 2.

Ralph L. Ellis of counsel (Charles E. Simpson with him on the brief; Shea & Gould, attorneys), for respondent with respect to Appeal No. 1 and for the appellant with respect to Appeal No. 2.

KUPFERMAN, J. P. and BIRNS, J., concur in part and dissent in part with FEIN, J., in an opinion; SANDLER and CARRO, JJ., concur in part and dissent in part in a separate opinion by SANDLER, J.

FEIN, J.

Plaintiff landlord appeals dismissal of its complaint which sought to enjoin permanently defendant tenants' association and certain tenants in individual and representative capacities from collecting and retaining rent owed to plaintiff. Also under review on this consolidated appeal is a challenge by these defendants to the granting of a preliminary injunction restraining the collection of such rent...

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