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METZENDORF v. 130 W. 57 CO.

132 A.D.2d 262 (1987)

Charles Metzendorf, Respondent-Appellant, v. 130 West 57 Company, Appellant-Respondent

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

December 15, 1987

Attorney(s) appearing for the Case

Jeffrey R. Metz of counsel (Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., attorneys), for respondent-appellant.

Allen H. Brill of counsel (Anthony H. Benjamin with him on the brief; Brill, Meisel & Cross, attorneys), for appellant-respondent.

SANDLER, J. P., SULLIVAN, MILONAS, ELLERIN and WALLACH, JJ., concur.

Per Curiam.

Defendant landlord appeals from that portion of an order and judgment which, in a declaratory judgment action, granted the cross motion of the plaintiff tenant for partial summary judgment determining that the duplex suite 9-10D (the premises) located on the ninth and tenth floors of the building located at 130 West 57th Street in Manhattan was covered by the Rent Stabilization Law, that the tenant was entitled...

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