STATE v. WOLOWITZ


96 A.D.2d 47 (1983)

State of New York, Appellant, v. Arnold Wolowitz, Doing Business as La Bonne Vie Associates, et al., Respondents Arnold Wolowitz, Doing Business as Country Club Associates et al., Respondents, v. State of New York, Appellant

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

October 24, 1983


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Melvyn R. Leventhal, Stephen Mindell, Herbert Israel and Andrew L. Levy of counsel), for appellant.

Wofsey, Certilman, Haft, Lebow & Balin (David I. Rosenberg of counsel), for respondent.

LAZER, J. P., and BOYERS, J., concur in the opinion of GIBBONS, J.; NIEHOFF, J., concurs in part and dissents in part, with an opinion.


GIBBONS, J.

Arnold Wolowitz, doing business as La Bonne Vie Associates, LBV Realty Associates, and Country Club Associates (hereinafter respondent) owns and operates two apartment complexes in Suffolk County known as the La Bonne Vie and La Bonne Vie II. The latter contains 635 apartment units and is located in East Patchogue; the former is in Coram and has 256 apartment units.

Respondent utilizes a form...

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