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MATTER OF KORN v. BATISTA

131 Misc.2d 196 (1986)

In the of Mitchell Korn et al., Petitioners, v. Jorge Batista, as Chairman of the New York City Loft Board, et al., Respondents.

Supreme Court, Special Term, New York County.

January 13, 1986

Attorney(s) appearing for the Case

Fischbein, Olivieri, Rozenholc & Badillo (Mitchell P. Heaney of counsel), for petitioners. Frederick A. O. Schwarz, Jr., Corporation Counsel (Lisa S. J. Yee of counsel), for New York City Loft Board, respondent. Rosenberg & Estis, P. C. (Joseph Burden and Luise A. Barrack of counsel), for University Place Associates, respondent.

DAVID B. SAXE, J.

These motions arise out of a dispute over loft coverage and qualification for protection under the recently enacted Loft Law (Multiple Dwelling Law, art 7-C, § 280 et seq.) A decision was rendered by the Loft Board on June 5, 1985. By motion No. 156, petitioners, who were occupants of the subject premises, challenge that decision by way of a CPLR article 78 proceeding. Briefly stated, the Loft Board granted coverage to petitioners...

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