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HATCHER v. BOARD OF MGRS.

12 Misc.3d 78 (2006)

819 N.Y.S.2d 374

VIRGIL HATCHER, Respondent, v. BOARD OF MANAGERS OF THE 420 WEST 23 STREET CONDOMINIUM et al., Appellants, and DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, Respondent.

Supreme Court, Appellate Term, First Department.

June 15, 2006.

Attorney(s) appearing for the Case

Deutsch Tane Waterman & Wurtzel, P.C., New York City (Stewart E. Wurtzel of counsel), for appellants.

Michael J. Berman & Associates, P.C., New York City (Marjorie Z. Niler of counsel), for Virgil Hatcher, respondent.

Michael A. Cardozo, Corporation Counsel, New York City (Larry A. Sonnenshein and Grace Goodman of counsel), for Department of Housing Preservation and Development of the City of New York, respondent.

GANGEL-JACOB and SCHOENFELD, JJ., concur; McCOOE, J.P., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order, dated June 24, 2004, reversed, without costs, the finding that respondent appellants violated specified provisions of the Housing Maintenance Code is annulled, and the petition is dismissed.

This Housing Part proceeding is based largely upon allegations that respondent appellants, the board of managers and managing agents of condominium premises containing nearly...

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