Miguel Braschi, Appellant,
v.
Stahl Associates Company, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 26, 1989.
Decided July 6, 1989.
Attorney(s) appearing for the Case
William B. Rubenstein, Owen Wincig, Nan D. Hunter and Judith Levin for appellant.
Dean G. Yuzek, David A. Picon, Joan Walter and Richard F. Czaja for respondent.
Peter L. Zimroth, Corporation Counsel (Leonard Koerner, Frederick P. Schaffer and Phyllis Arnold of counsel), for City of New York, amicus curiae.
Arthur S. Leonard and Jonathan Lang for the Association of the Bar of the City of New York, amicus curiae.
Ann Moynihan, Paris Baldacci, Douglass J. Seidman, Kalman Finkel, John E. Kirklin, Lynn M. Kelly, Mary Marsh Zulack and Sandra R. Farber for the Legal Aid Society of New York City, amicus curiae.
Christopher H. Lunding and Jessica Sporn Tavakoli for Community Action for Legal Services, Inc., amicus curiae.
William H. Gardner, Thomas F. Coleman and Jay M. Kohorn for Family Service America and others, amici curiae.
James Briscoe West for the Gay Men's Health Crisis, Inc., and others, amici curiae.
Steven A. Rosen and Paula L. Ettelbrick for Lambda Legal Defense and Education Fund, Inc., amicus curiae.
Judges KAYE and ALEXANDER concur with Judge TITONE; Judge BELLACOSA concurs in a separate opinion; Judge SIMONS dissents and votes to affirm in another opinion in which Judge HANCOCK, JR., concurs; Chief Judge WACHTLER taking no part.
Court of Appeals of the State of New York.
TITONE, J.
In this dispute over occupancy rights to a rent-controlled apartment, the central question to be resolved on this request for preliminary injunctive relief (see, CPLR 6301) is whether appellant has demonstrated a likelihood of success on the merits (see, Grant Co. v Srogi, 52 N.Y.2d 496, 517) by showing...
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