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BARRIOS v. KLEIN

133 A.D.2d 574 (1987)

Alfonso Barrios et al., Respondents-Appellants, v. James Klein et al., Appellants-Respondents

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

October 20, 1987

Plaintiffs' more than five-year occupation of the premises as prime lessees, the limited duration of the sublease and the intended temporary nature of their move to Chile clearly establish that, during the period from September 15, 1981, the date of the original sublease, to February 25, 1983, when plaintiffs purchased the premises pursuant to a cooperative conversion plan, the subject premises were plaintiffs' primary residence...

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