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HUDSON VIEW PROPS v. WEISS

109 Misc.2d 589 (1981)

Hudson View Properties, Appellant, v. Julia M. Weiss et al., Respondents.

Supreme Court, Appellate Term, First Department.

July 17, 1981

Attorney(s) appearing for the Case

Rosenberg & Estis, P. C. (Gary M. Rosenberg and Sherwin Belkin of counsel), for appellant. Christopher Hansen for respondents. Robert Abrams, Attorney-General (Peter Bienstock of counsel), for intervenor.

Concur: TIERNEY, J. P., and RICCOBONO, J.; ASCH, J., dissents in a separate memorandum opinion.

Per Curiam.

Order entered July 28, 1980 is reversed, with $10 costs; the tenant's motion to dismiss the petition (CPLR 3211, subd [a], par 7) is denied.

The record before us is sparse and its principal elements are easily recounted. Landlord served a notice to cure, dated January 24, 1980, upon Julia Weiss "and all other occupants" of the apartment here at issue. That notice to cure stated, "you are violating a substantial obligation of

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