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2009 3RD AVE v. 5TH AVE CTR

169 Misc.2d 67 (1996)

648 N.Y.S.2d 211

2009-2011 Third Avenue Corp., Appellant, v. Fifth Avenue Community Center of Harlem, Inc., et al., Respondents.

Supreme Court, Appellate Term, First Department.

June 19, 1996

Attorney(s) appearing for the Case

Carol Lilienfeld, New York City, for appellant. Legal Aid Society, New York City (David W. Weschler and Andrew Lehrer of counsel), for respondents.

OSTRAU, P. J., and FREEDMAN, J., concur; McCOOE, J., concurs in a separate memorandum.

Per Curiam.

Order dated February 3, 1995 reversed, with $10 costs, respondents' motion to dismiss the petition is denied, and the matter is remanded to the Civil Court for further proceedings on the petition.

Appellant is the overlandlord of building premises net leased to tenant Fifth Avenue Community Center of Harlem, Inc. (Fifth Avenue), a not-for-profit corporation, for the purpose of operating a "group home...

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