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MICHAELS v. MACAN ESTATES

278 A.D. 47 (1951)

Chester S. Michaels et al., Individually and on Behalf of Themselves and All Tenants Similarly Situated, Respondents, v. Macan Estates, Inc., Appellant

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

March 13, 1951.

Attorney(s) appearing for the Case

Francis G. Stapleton of counsel (Engel, Judge, Miller & Sterling, attorneys), for appellant.

Israel Finkel, attorney (Charles Horowitz with him on the brief), for respondents.

PECK, P. J., COHN, CALLAHAN, VAN VOORHIS and HEFFERNAN, JJ., concur.

Per Curiam.

Defendant owns and operates a seventeen-story apartment house at Broadway and 106th Street. There are 176 tenants in the building. Thirty-four of the tenants are in possession under the Blumberg form of lease which provides that the landlord will furnish "elevator service." Of the remaining 142 tenants, 16 have the so-called Real Estate Board form of lease and the other 126 are statutory tenants whose terms...

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