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FRALEY REALTY CORP. v. STOCKER

115 Misc.2d 52 (1982)

Fraley Realty Corp., Appellant, v. Margaret Stocker, Respondent.

Supreme Court, Appellate Term, First Department.

June 16, 1982

Attorney(s) appearing for the Case

Sillik Polayes for appellant. Arthur Morrison for respondent.

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

Per Curiam.

Final judgment entered May 29, 1981 is affirmed, with $25 costs.

"It is the obligation of the trial court to determine the value of the services of which the tenants are deprived, the severity of the violation at issue, the extent and duration of any deprivation, and the responsiveness of the landlord in dealing with the problem" (N Town Roosevelt Assoc. v Muller, NYLJ, Oct. 27, 1980, p 6, col 4), and "Tenants are not required to...

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