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815 PARK AVE. OWNERS, INC. v. LAPIDUS

227 A.D.2d 353 (1996)

643 N.Y.S.2d 89

815 Park Avenue Owners, Inc., Respondent, v. Steven R. Lapidus et al., Defendants, and Edward A. Metzger, Appellant

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

May 30, 1996

Defendant-appellant ceased paying maintenance and assessments on his cooperative apartment in November 1987 based upon his claim that a partial eviction resulted from water entering his apartment. In a prior appeal, this Court affirmed a grant of summary judgment dismissing the partial eviction defense (190 A.D.2d 574). Issues regarding defendant's claimed setoffs against the maintenance owed were referred to a Special Referee to hear and...

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