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  5. 75 N.Y.2d 982 (1990)
 

78 S. FIRST ST. HOUS. DEV. FUND CORP. v. CROTTY

75 N.Y.2d 982 (1990)

78 South First Street Housing Development Fund Corporation et al., on Behalf of Themselves and Others Similarly Situated, Respondents, v. Paul A. Crotty, as Commissioner of the New York City Department of Housing Preservation and Development, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 3, 1990.

Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Judith R. Greenwald, Edith I. Spivak and Joseph I. Lauer of counsel), for appellants.

Gerald A. Rosenberg, Janet Ellis Meiman and Kenneth C. Brown for respondents.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Order reversed, with costs, defendants' motion to dismiss the complaint granted and certified question answered in the negative for reasons stated in the dissenting memorandum by Justice E. Leo Milonas at the Appellate Division (150 A.D.2d 218

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