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TENANTS ASSN. v. SCHWARZ

136 A.D.2d 370 (1988)

172 East 122 Street Tenants Association et al., Respondents, v. Frederick A. O. Schwarz, Jr., as Corporation Counsel of The City of New York, et al., Appellants

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

April 19, 1988

Attorney(s) appearing for the Case

Georgette R. Chapman of counsel (Gloria Quinones with her on the brief; David W. Weschler, attorney), for respondents.

Pamela Seider Dolgow of counsel (Leonard Koerner with her on the brief; Peter L. Zimroth, attorney), for Frederick A. O. Schwarz, Jr., as Corporation Counsel, appellant.

Herbert Kahn for P.R.F. Realty, appellant.

Stuart M. Fischman of counsel (Bruce N. Roberts with him on the brief; Salon, Marrow & Dyckman, attorneys), for 420-172 East Associates, appellant.

MURPHY, P. J., and SMITH, J., concur with ELLERIN, J.; SANDLER and SULLIVAN, JJ., dissent in an opinion by SANDLER, J.

ELLERIN, J.

This action involves a situation remarkably similar, both factually and legally, to that present in Matter of Lewis v Schwartz (119 A.D.2d 116), decided by this court on August 21, 1986, which held that a dissolved corporation is ineligible to apply for release of its formerly owned property under Administrative Code of the City of New York § D17-25...

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