The letter of August 15, 1988, from defendants' agent to counsel for plaintiffs prior to their purchase of the apartment in question, reciting that the garden areas outside their apartment remained "at all times, the property of" defendants and that the occupants of their apartment would only have the "non-exclusive right to use" of the garden area, renders plaintiffs' claims asserted in the complaint and proposed amended complaint meritless. Having received such notice,...
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