In denying plaintiffs' motion for preliminary injunctive relief restraining defendant Kiaer from, inter alia, leasing two apartments in the ownership of which plaintiffs had a security interest, Special Term stated: "The May 16, 1980 agreement, however, provides that until a permanent certificate of occupancy is issued for the building, FSB will pay the maintenance charges." The record does not support such a conclusion for apartment 8A. The co-operative corporation...
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