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BLUTREICH v. AMALGAMATED DWELLINGS, INC.

28 A.D.3d 261 (2006)

812 N.Y.S.2d 516

IRA BLUTREICH et al., Respondents, v. AMALGAMATED DWELLINGS, INC., Appellant.

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

April 11, 2006.

As defendant acknowledges, its argument that an award of attorneys' fees pursuant to Real Property Law § 234 would not be permissible in this action was placed before us on a prior appeal. That argument, involving the untenable contention that defendant's refusal to issue to plaintiffs the shares allocated to their apartment entailed no challenge to their right to occupy the apartment under the appurtenant proprietary lease...

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