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BARNAN ASSOCIATES LLC v. 196 OWNERS CORP.

No. 33.

14 N.Y.3d 780 (2010)

926 N.E.2d 231

899 N.Y.S.2d 724

BARNAN ASSOCIATES LLC, Respondent, v. 196 OWNERS CORP., Appellant.

Court of Appeals of New York.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Abrams Garfinkel Margolis Bergson, LLP, New York City ( Barry G. Margolis of counsel), for appellant.

Michael B. Kramer & Associates, New York City ( Michael B. Kramer , Rubin Jay Ginsberg and Morgan E. Downer of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated.

Plaintiff Barnan Associates LLC is a commercial tenant on the ground floor of a cooperative apartment building owned by defendant 196 Owners Corp., and located at 196 East 75th Street in New York City. In 1979, prior to the building's cooperative conversion, Barnan...

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