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  5. 77 N.Y.2d 944 (1991)
 

520 E. 81ST ST. ASSOCS. v. LENOX HILL HOSP.

77 N.Y.2d 944 (1991)

520 East 81st Street Associates, Appellant-Respondent, v. Lenox Hill Hospital, Respondent-Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 25, 1991.

Attorney(s) appearing for the Case

Jeffrey Glekel, Gary M. Rosenberg, Jeffrey Turkel, Albert J. Boro, Jr. and Daniel L. Ackman for appellant-respondent.

Edward S. Kornreich, Edmund F. Wolk, Steven E. Obus,

Beth-Ann Ellenberg and Stephen A. Wieder for respondent-appellant.

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and John McConnell of counsel), in his statutory capacity under Executive Law § 71.

Carol S. Keenan, Ronald A. Zumbrun, Edward J. Connor, Jr. and R. S. Radford for Pacific Legal Foundation, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge KAYE taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order and judgment of the Supreme Court reinstated.

Plaintiff commenced this action for a declaratory judgment to obtain relief from its obligation to offer a renewal lease to defendant Lenox Hill Hospital, the existing tenant of record, on the ground that Lenox Hill was not occupying the subject rent-stabilized apartment units...

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