Winston Churchill Owners Corp. v. Churchill Operating Corp.

—Order, Appellate Term, First Department (Parness, J. P., and Miller, J., concurring; McCooe, J., dissenting), entered March 26, 1992, which, upon reargument, adhered to an order of the same court entered January 7, 1991, which reversed an order and judgment of the Civil Court, Bronx County (Chin-Brandt, J.), entered January 9, 1990 and dismissed the petition in this summary non-payment proceeding, unanimously reversed, on the law and the facts, to reverse the January 7, 1991 order and reinstate the order and judgment of the Civil Court, without costs.

We find that, as noted in Justice…