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DRAPER v. GEORGIA PROPS.

230 A.D.2d 455 (1997)

660 N.Y.S.2d 556

Pamela A. Draper, Respondent, v. Georgia Properties, Inc., Appellant

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

June 19, 1997

Attorney(s) appearing for the Case

Anthony J. Cornicello of counsel (Peter A. Schwartz and Susan R. Baumel on the brief; Fromme Fromme Schwartz & Cornicello, L. L. P., attorneys), for respondent.

Jeffrey R. Metz of counsel (Paul N. Gruber on the brief; Borah, Goldstein, Altschuler & Schwartz, P. C., attorneys), for appellant.

MILONAS, J. P., and WILLIAMS, J., concur with TOM, J.; WALLACH and ANDRIAS, JJ., dissent in a separate opinion by ANDRIAS, J.

TOM, J.

Defendant Georgia Properties, Inc. is the owner and landlord (the Landlord) of an apartment building designated as 275 Central Park West, New York, New York. On or about April 15, 1991, plaintiff Pamela Draper entered into a lease agreement (the Lease) with the Landlord for Apartment 13-D (the Apartment). Immediately prior to the Lease, the Apartment was subject to the Rent Stabilization Law, and the...

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