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49 WEST 12 TENANTS CORP. v. SEIDENBERG

6 A.D.3d 243 (2004)

774 N.Y.S.2d 339

49 WEST 12 TENANTS CORP., Appellant-Respondent, v. PEARL SEIDENBERG, Respondent-Appellant.

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

April 15, 2004.

The motion court properly considered defendant's motion to dismiss as against the proffered amended complaint (see Sage Realty Corp. v Proskauer Rose, 251 A.D.2d 35, 38 [1998]).

Plaintiff residential cooperative corporation's 1995 letter to defendant tenant shareholder, advanced as proof that plaintiff residential cooperative corporation duly notified defendant tenant shareholder...

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