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RESTORATION REALTY v. ROBERO

87 A.D.2d 301 (1982)

Restoration Realty Corp., Respondent, v. Olivia Robero, Appellant

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

June 8, 1982

Attorney(s) appearing for the Case

David Ng of counsel (Kent Karlsson, P. C., attorney), for appellant.

Arthur L. Goldstein for respondent.

CARRO, J. P., and FEIN, J. concur with MILONAS, J.; LUPIANO and SILVERMAN, JJ., dissent in separate opinions.

MILONAS, J.

This case involves an appeal by defendant-appellant Olivia Robero from a judgment in favor of plaintiff-respondent Restoration Realty Corporation. The court below held, after a nonjury trial, that the defendant had not timely exercised her option to purchase certain premises at 187½ Ninth Avenue in Manhattan and awarded possession to the plaintiff landlord.

The facts are as follows:...

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