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KATZ 737 CORP. v. COHEN

7591.

104 A.D.3d 144 (2012)

957 N.Y.S.2d 295

2012 NY Slip Op 8818

KATZ 737 CORP., Appellant, v. LESTER COHEN et al., Respondents.

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

December 20, 2012.

Attorney(s) appearing for the Case

Stempel Bennett Claman & Hochberg, P.C., New York City ( Richard L. Claman of counsel), for appellant.

Moulinos & Associates, LLC, New York City ( Peter Moulinos of counsel), for respondents.

ACOSTA and MANZANET-DANIELS, JJ., concur with TOM, J.P.; ANDRIAS, J., concurs in a separate opinion; CATTERSON, J., concurs in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

Defendants, Lester Cohen and Carol Cohen, have resided in apartment 6F, a rent-stabilized apartment, at 737 Park Avenue in Manhattan since April 1989. Plaintiff, Katz 737 Corp., owns and manages the building. The Cohens' current rent is $3,060 per month. Lester Cohen, who is over 80 years old, is unemployed and has a medically determined heart condition. Carol Cohen was, until 2010, a real estate broker employed by nonparty...

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