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DELULIO v. 320-57 CORP.

99 A.D.2d 253 (1984)

Donata A. Delulio, Appellant, v. 320-57 Corporation, Respondent

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

February 28, 1984

Attorney(s) appearing for the Case

Jon F. Kaufman of counsel (Peter Levine with him on the brief; Jon M. Kaufman, P. C., attorney), for appellant.

Leon Brickman for respondent.

SULLIVAN, J. P., ASCH, BLOOM and MILONAS, JJ., concur.

FEIN, J.

Plaintiff suffered damage to her co-operative apartment shortly after she took possession in April, 1976. Her repeated demands of defendant to make necessary repairs since then have been met with intransigence and harassment. On several occasions she withheld her maintenance payments, which only provoked defendant to commence nonpayment eviction action. Previous such actions were settled upon plaintiff...

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