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MEASOM v. GREENWICH & PERRY

268 A.D.2d 156 (2000)

712 N.Y.S.2d 1

CHRISTOPHER A. MEASOM et al., Appellants, v. GREENWICH AND PERRY STREET HOUSING CORPORATION, Respondent.

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

May 16, 2000.

Attorney(s) appearing for the Case

Richard J. Montelione of counsel (Montelione & Associates, P. C., attorneys), for appellants.

Lauren J. Wachtler of counsel (Montclare & Wachtler, attorneys), for respondent.

MAZZARELLI, WALLACH, RUBIN and ANDRIAS, JJ., concur.

OPINION OF THE COURT

SULLIVAN, P. J.

In January 1988, plaintiffs Christopher A. Measom and Timothy J. Shaner purchased apartment J9, a studio in the cellar of a cooperatively owned, old-law tenement1 located at 727 Greenwich Street in Manhattan. They moved into the apartment the following month pursuant to an assigned proprietary lease limiting the use of the apartment to a private dwelling, and resided there until September...

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