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JOHNSON v. NYS URBAN DEV.

104029/09

25 Misc.3d 252 (2009)

882 N.Y.S.2d 642

ALVIN JOHNSON, Individually and as President of the UPACA Site No. 7 Tenants Association, Petitioner, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, et al., Respondents. ALVIN JOHNSON, Individually and as President of the UPACA Site No. 7 Tenants Association, Petitioner, v. DEBORAH VANAMERONGEN, as Commissioner of the New York State Division of Housing and Community Renewal, Respondent.

Supreme Court, New York County.

Decided June 19, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Steven Banks and Sateesh Nori of counsel), for petitioner.

Bingham McCutchen LLP, New York City (Peter C. Neger of counsel), for UPACA Terrace Houses, Inc. and another, respondents.

Andrew M. Cuomo, Attorney General, New York City (Anthony Tomari of counsel), for New York State Urban Development Corporation, respondent.

Mary R. Connon, New York City (Sheldon D. Melnitsky of counsel), for New York State Division of Housing and Community Renewal, respondent.

OPINION OF THE COURT

EDWARD H. LEHNER, J.

The above two special proceedings are consolidated herein for disposition.

In the initial proceeding, commenced by Alvin Johnson individually and as president of the unincorporated association of tenants residing at 1900 Lexington Avenue (the building), petitioner seeks to enjoin the respondent UPACA Terrace Houses, Inc., the owner of the building (the owner), from prepaying the mortgage on the building currently...

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