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BERNARD v. SCHARF

170 Misc.2d 909 (1997)

656 N.Y.S.2d 583

Audrey Bernard et al., Respondents, v. Leon Scharf et al., Appellants, et al., Respondents.

Supreme Court, Appellate Term, First Department.

January 9, 1997

Attorney(s) appearing for the Case

Graubard Mollen & Miller, New York City (Milton Mollen and Scott E. Mollen of counsel), and Rosenberg & Estes, P. C., New York City (Gary M. Rosenberg and Lawrence M. Furtzaig of counsel), for appellants. Kellner Chehebar & Deveney, New York City (Douglas A. Kellner of counsel), for Audrey Bernard and others, respondents. Mari Carlesimo, New York City (D. Maria Watson of counsel), for Department of Housing Preservation & Development of the City of New York, respondent.

FREEDMAN and DAVIS, JJ., concur; McCOOE, J. P., dissents in a separate memorandum.

Per Curiam.

Orders entered September 26, 1995 and October 27, 1995 affirmed, with $10 costs.

This Housing Part proceeding concerns a six-story, 60-unit cooperative apartment building on West 142nd Street in Manhattan (the Premises) which was severely damaged and rendered uninhabitable by a fire on February 7, 1994. Respondent 610 West 142nd Owners Corp. (the Corporation) owns the Premises. Petitioners, who are both...

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