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545 8TH AVE ASSOC v. SHANAMAN

12 Misc.3d 66 (2006)

819 N.Y.S.2d 813

545 EIGHTH AVENUE ASSOCIATES, L.P., Appellant, v. DEBORAH SHANAMAN, Respondent. (And Two Other Actions.)

Supreme Court, Appellate Term, First Department.

June 5, 2006.

Attorney(s) appearing for the Case

Belkin, Wenig & Goldman, New York City (Magda L. Cruz of counsel), for appellant.

David E. Frazer, New York City, for respondents.

DAVIS, J.P., and SCHOENFELD, J., concur.

OPINION OF THE COURT

Per Curiam.

Orders, dated January 20, 2004, affirmed, with one bill of $10 costs.

The prediscovery record now before us presents mixed questions of law and fact as to whether respondents "undertenants" qualify for protected status under article 7-C of the Multiple Dwelling Law and, more specifically, as to the viability of respondents' proffered defense of illusory tenancy. To...

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