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RUSSELL ST. ASSOCS. v. SCOTT

163 Misc.2d 984 (1995)

625 N.Y.S.2d 400

81 Russell Street Associates, Appellant, v. Kimberly Scott, Respondent.

Supreme Court, Appellate Term, Second Department.

January 5, 1995

Attorney(s) appearing for the Case

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P. C., Yonkers (Robert H. Leventhal of counsel), for appellant. Brooklyn Legal Services Corp. (Eric Feinberg of counsel), for respondent.

KASSOFF, P. J., CHETTA and PATTERSON, JJ., concur.

MEMORANDUM.

Final judgment unanimously modified by providing that the dismissal is without prejudice and as so modified affirmed without costs.

In this nonpayment proceeding, the petition alleges that the apartment is not subject to rent stabilization because the building in which the apartment is located has been substantially rehabilitated as family units on or after January 1, 1974. In support of this allegation...

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