RIMA 106 v. ALVAREZ


257 A.D.2d 201 (1999)

690 N.Y.S.2d 40

RIMA 106, L.P., Appellant, v. ROXANNA ALVAREZ et al., Respondents. RIMA 106, L.P., Appellant, v. CAROLE CLARK et al., Respondents.

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

May 13, 1999.


Attorney(s) appearing for the Case

Gary M. Rosenberg of counsel (Jeffrey Turkel and Bruce H. Wiener on the brief; Rosenberg & Estis, P. C., and Fischbein Badillo Wagner Harding, attorneys), for appellant.

Carol Anne Herlihy of counsel (Kellner Chehebar & Deveney, attorneys), for Roxanna Alvarez and others, respondents.

Mark S. Rudd (Linda Skoller-Burton on the brief), for Carole Clark and others, respondents.

ELLERIN, P. J., ROSENBERGER and SAXE, JJ., concur.


OPINION OF THE COURT

WALLACH, J.

On these appeals we confront, in the context of motions for summary judgment, the viability of two residential "sweetheart" apartment leases made by plaintiff landlord's predecessor in title which are now challenged by plaintiff on myriad grounds, including statutory and public policy illegality. Plaintiff in both actions, the net lessee of two Upper West Side Manhattan buildings known as 211 and 207 West 106th Street, took...

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