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MTR CANTOR v. AXELROD

94 A.D.2d 595 (1983)

In the Matter of Daniel Cantor, Doing Business as Haven Manor Health Related Facility, Petitioner, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents

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

July 14, 1983

Attorney(s) appearing for the Case

Fink, Weinberger, Fredman, Berman & Lowell (Irwin R. Karassik of counsel), for petitioner.

Robert Abrams, Attorney-General (Alan W. Rubenstein and William J. Kogan of counsel), for respondents.

KANE, J. P., MIKOLL, YESAWICH, JR., and LEVINE, JJ., concur.

MAIN, J.

Petitioner presently operates the Haven Manor Health Related Facility in Far Rockaway, New York. In 1969, he contracted with one David Taub to purchase the land upon which the facility is located for the sum of $235,000 and thereafter applied for and received approval to own and operate a health related facility on the property. Subsequently, on March 16, 1971, he assigned his contract of sale with...

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