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SCHWARTZ v. CERTIFIED MGMT. CORP.

148 A.D.2d 387 (1989)

Jack G. Schwartz, Appellant-Respondent, v. Certified Management Corp. et al., Respondents-Appellants

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

March 28, 1989

Our modification of the second decretal paragraph reflects our finding that plaintiff is entitled to possession of the apartment or, now that possession can no longer be given, its dollar equivalent, i.e., the present (as of trial) value of the apartment less what plaintiff would have paid had he been given the opportunity to purchase it. By awarding plaintiff damages representing the difference between the insider and outsider...

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