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SCHWARTZ LANDES ASSOC v. CAB

117 A.D.2d 74 (1986)

In the Matter of Schwartz Landes Associates, Respondent, v. New York City Conciliation and Appeals Board, Respondent, and Fountain House, Inc., Intervenor-Appellant

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

May 8, 1986

Attorney(s) appearing for the Case

Joseph P. Giasi, Jr., of counsel (Paul F. Nash with him on the brief; Turk, Marsh, Kelly & Hoare, attorneys), for intervenor-appellant.

John P. Sheridan of counsel (Scott E. Mollen and C. Daniel Chill with him on the brief; Graubard Moskovitz Dannett Horowitz & Mollen, attorneys), for Schwartz Landes Associates, respondent.

ROSS and ELLERIN, JJ., concur with MURPHY, P. J.; KUPFERMAN, J., concurs on constraint of Koenig v Jewish Child Care Assn. (); ASCH, J., dissents in a separate opinion.

MURPHY, P. J.

Intervenor Fountain House is a nonprofit charitable corporation. Its purpose is to aid in the rehabilitation of formerly institutionalized psychiatric patients. Toward this end, Fountain House has, since 1968, rented 17 apartments from petitioner. These apartments are used to house recently discharged psychiatric patients during their sometimes lengthy transition to life outside institutional confines...

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