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CALAMARAS v. 23RD SECOND AVENUE, LLC

305 A.D.2d 216 (2003)

758 N.Y.S.2d 803

JOHN CALAMARAS et al., Appellants, v. 23RD SECOND AVENUE, LLC, et al., Respondents.

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

Decided May 13, 2003.

The authorization that defendants seek requires a showing of a good faith intention and financial ability to construct a new building on the site of the buildings in which plaintiffs live (see Rent Stabilization Code [9 NYCRR] § 2524.5 [a] [2]; Matter of Baba v 1133 Bldg. Corp., 210 A.D.2d 6 [1994]). Such requirement does not justify the fishing expedition that plaintiffs would undertake into every aspect of defendants...

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