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STERLING v. ENVIRONMENTAL CONTROL BD. OF CITY OF NEW YORK

Docket 85-7229.

795 F.2d 8 (1986)

Lee STERLING and Thomas LaPiana, Plaintiffs-Appellants, Housing Council of New York, Inc., Plaintiff-Intervenor-Appellant, v. ENVIRONMENTAL CONTROL BOARD OF the CITY OF NEW YORK and the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

July 7, 1986.

ON PETITION FOR REHEARING

Appellees suggest that we

may have overlooked [appellees'] argument ... that a significant number of multiple dwellings have a resident janitor or superintendent on the premises who, unlike a tenant, may be reasonably expected to look after their employer's interests by forwarding the notice of violation to him. Since superintendents would be actively engaged in their duties at the premises during the same business hours when the...

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