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911 ALWYN CORP. v. ROSENTHAL

157 Misc.2d 828 (1992)

598 N.Y.S.2d 932

911 Alwyn Owners Corp. et al., Plaintiffs, v. Estate of Lee Rosenthal et al., Defendants.

Supreme Court, New York County.

June 19, 1992

Attorney(s) appearing for the Case

Fischbein, Badillo, Wagner & Itzler (Bruce Lederman and Ken Schwartz of counsel), New York City, for plaintiffs. Anne Jaffe, New York City, for defendants.

BEVERLY S. COHEN, J.

Second-party plaintiff David C. Walentas (Walentas) moves for (1) an order, pursuant to CPLR 3212, dismissing defendants' first counterclaim for a declaratory judgment regarding defendants' right to succeed to the rent control rights previously held by Lee Rosenthal, deceased; (2) an order, pursuant to CPLR 3025 (b), granting leave to add to the complaint an eviction cause of action, and...

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