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MTR OF NAVARRA v. CITY OF NY

91 A.D.2d 309 (1983)

In the Matter of Sebastian J. Navarra, Respondent, v. City of New York et al., Appellants

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

January 27, 1983

Attorney(s) appearing for the Case

Robert H. Berman of counsel (Harry Michelson, attorney), for appellants.

Michael A. Schwartz of counsel (Schwartz & London, attorneys), for respondent.

MURPHY, P. J., and BLOOM, J., concur with LYNCH, J.; ROSS and KASSAL, JJ., dissent and would affirm for the reasons stated by SCOTT, J., at Special Term.

LYNCH, J.

The petitioner in this CPLR article 78 proceeding owns a six-unit multiple dwelling where Jean Levy has occupied a rent-controlled apartment for the past 26 years. Three times the petitioner has tried to wrest the apartment from her. The first was in April, 1978 when he attempted to obtain the Levy apartment allegedly for his own use. The application was denied for a technical reason. In June of that year he tried again, alleging that he and...

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