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SCHARF v. HELLER REALTY

232 A.D.2d 340 (1996)

648 N.Y.S.2d 609

Yehuda D. Scharf et al., Appellants, v. Heller Realty et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 31, 1996

The amount of plaintiffs' arrears in their rent obligations is in dispute. Summary judgment on plaintiffs' demand for a declaration that there are no arrears is inappropriate since there are unresolved factual questions, some involving assessment of credibility (see, Grace & Co. v Tunstead, Schechter & Torre, 186 A.D.2d 15, 16-17), and others concerning the fairness and...

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