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RAKOWSKY v. EXCELSIOR 57 CORP

167 Misc.2d 476 (1995)

635 N.Y.S.2d 920

Murray Rakowsky et al., Plaintiffs, v. Excelsior 57th Corp., Defendant.

Civil Court of the City of New York, New York County.

August 25, 1995

Attorney(s) appearing for the Case

Kurzman Karelsen & Frank, New York City (Stanley E. Margolies and Andrew G. Tretter of counsel), for defendant. Teitelbaum, Braverman & Borges, P. C., New Hyde Park (Henry E. Rakowski of counsel), for plaintiffs.

DEBRA A. JAMES, J.

In this action, plaintiffs seek recovery of $7,555.68 plus interest, which represents a sublet fee they paid to defendant cooperative corporation as a condition to subletting their residential apartment. The complaint also seeks to recover attorney's fees, pursuant to Real Property Law § 234.

Defendant makes a preanswer motion to dismiss this action on the grounds that a defense...

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