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BURAL CORP v. NYC DEPT

75 A.D.2d 306 (1980)

In the Matter of Bural Urban Home Remodeling Corp., Petitioner, v. New York City Department of Consumer Affairs, Respondent

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

June 24, 1980

Attorney(s) appearing for the Case

Richard Joannides for petitioner.

Marjorie E. Bornes of counsel (Ronald E. Sternberg with her on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for respondent.

FEIN and SILVERMAN, JJ., concur with KUPFERMAN, J.; MURPHY, P. J., and SANDLER, J., dissent in an opinion by SANDLER, J.

KUPFERMAN, J.

The determination of the Department of Consumer Affairs should be confirmed. The petitioner has not made the required showing to warrant an annulment of the determination inasmuch as there is sufficient evidence in the record to support the action taken by the department.

In July, 1977, petitioner contracted with complainant Walter Bartley to install 20 aluminum-framed replacement windows...

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