CITY ENTERS. v. POSEMSKY


184 Misc.2d 287 (2000)

708 N.Y.S.2d 230

CITY ENTERPRISES, LTD., Respondent, v. ROBERT POSEMSKY et al., Appellants.

Supreme Court, Appellate Term, Second Department.

February 1, 2000.


Attorney(s) appearing for the Case

Fred M. Schwartz, Smithtown, for appellants.

Rappaport, Hertz, Cherson & Rosenthal, P. C., Forest Hills (David I. Paul of counsel), for respondent.

KASSOFF, P. J., CHETTA and PATTERSON, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously modified by dismissing the petition and, as so modified, affirmed without costs.

In December 1992, appellants received a loan from persons who ultimately assigned their full interests to petitioner in 1994. Appellants, who have lived in the subject cooperative apartment over 45 years, turned over their cooperative shares and proprietary lease...

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