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AVEST SEVENTH CORP. v. RINGELHEIM

116 Misc.2d 402 (1982)

Avest Seventh Corp., Respondent, v. Marlene Ringelheim et al., Appellants.

Supreme Court, Appellate Term, First Department.

September 17, 1982

Attorney(s) appearing for the Case

Michael J. Lavery and John DeWitt Gregory for appellants. Fischman & Fischman (Lon Paul Fischman of counsel), for respondent.

RICCOBONO, J. concurs; SULLIVAN, J., concurs on constraint of majority opinion of 420 East 80th Co. v Chin (); TIERNEY, J. P., dissents for the reasons stated in the dissenting memorandum in 420 East 80th Co. v Chin.

Per Curiam.

Final judgment entered May 27, 1981, reversed, with $30 costs, and final judgment directed in favor of tenants dismissing the petition, for the reasons stated in 420 East 80th Co. v Chin (115 Misc.2d 195

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