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LIPKIS v. PIKUS

122 Misc.2d 833 (1983)

Eliahu Lipkis, Appellant, v. Mario Pikus et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 28, 1983

Attorney(s) appearing for the Case

William H. Morris for appellant. Fischbein Olivieri Rozenholc & Badillo (Kenneth G. Schwarz of counsel), for respondents.

DUDLEY, P. J., and SULLIVAN, J., concur; HUGHES, J., dissents in a separate memorandum

Per Curiam.

Order entered May 9, 1983 affirmed, with $10 costs, for the reasons stated in the opinion of Judge EVENS, at the Civil Court.

In addition to the well-reasoned opinion of Judge EVENS, we briefly note the following. Chapter 349 of the Laws of 1982, which has particular relevance to this early loft case and which may be lawfully applied to cases where the warrant remains unexecuted (Whitmarsh v Farnell, 298 N.Y. 336), permits residential...

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