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WELLAND ESTATES v. SMITH

109 A.D.2d 193 (1985)

Welland Estates, Inc., Respondent, v. Charles Smith, as Commissioner of the Department of Buildings of The City of New York, et al., Appellants.

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

July 2, 1985

Attorney(s) appearing for the Case

Gerald M. Levine of counsel (Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, attorneys), for respondent.

Fay Leoussis of counsel (Leonard Koerner with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

SANDLER, J. P., SULLIVAN and CARRO, JJ., concur.

ROSENBERGER, J.

Petitioner, Welland Estates, Inc., was the owner of a singleroom occupancy (SRO) building located at 222 Riverside Drive in Manhattan. Between 1982 and 1984 the building had one elderly tenant, who died in January 1984. After an inspection revealed that the building was structurally unsound and dangerous, respondent Borough Superintendent served petitioner and the mortgagee with an unsafe building...

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