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SHAPIRO v. DWELLING MGRS.

92 A.D.2d 52 (1983)

Joel Shapiro et al., Respondents, v. Dwelling Managers, Inc., Appellant, et al., Defendant

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

February 24, 1983

Attorney(s) appearing for the Case

Jeffrey R. Metz of counsel (Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., attorneys), for appellant.

Milton Thurm of counsel (Greenhill, Speyer & Thurm, attorneys), for respondents.

SILVERMAN, BLOOM and MILONAS, JJ., each concur in separate opinions and KASSAL, J., dissents in an opinion in which SANDLER, J., concurs.

SILVERMAN, J. (concurring).

I would reverse the order appealed from and deny plaintiffs' motion.

The facts are sufficiently stated in the memoranda of Justices MILONAS and KASSAL.

Plaintiffs' motion, served with the summons and complaint, is essentially one for summary judgment asking for the full relief that the complaint asks; and the court granted that motion and relief and final judgment.<...

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