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TORIBIO v. WHIZ REALTY CORP.

131 Misc.2d 227 (1986)

Maria Toribio et al., Petitioners, v. Whiz Realty Corp. et al., Respondents.

Civil Court of the City of New York, Special Term, New York County.

January 31, 1986

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Howard Sherman of counsel), for petitioners. Walter S. Jennings & Associates, P. C. (Robert Grimble of counsel), for respondents.

JAY STUART DANKBERG, J.

Considering the stringent standards which the court requires petitioning tenants to meet prior to appointment of an RPAPL article 7-A administrator, to grant the complete relief requested in the instant motion would result in a court-appointed fiduciary being — as wrote English poet Francis Quarles 350 years ago (Emblems, Book II, emblem 13 [1635]) — "discharged, perchance, with greater ease than made."

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