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7. Venue.
Our position regarding venue is clearly and
succinctly set forth in our motion papers. It is our
intention to timely pursue our motion.
Very truly yours,
Irvin H. Rosenthal
On June 1, 1988, Mr. Moser sent a letter to Mr. Rosenthal
stating:
Dear Mr. Rosenthal:
With reference to your telephone conversation with my
offices yesterday, our prior communications and phone
conversations and with specific reference to the Lease
from SILVER LAKE ASSOCIATES (Owner) to our Clients
(Tenants), it is understood and agreed as follows:
(1) our clients will alternate, on a two (2) month
each basis, both apartment 5N on the fifth floor of 961
Victory Boulevard, and the marital home located at 2
Emerson Drive, both Staten Island, New York; Harvey
Leventhal to occupy the home for the months of June and
July 1988, (Hermine Leventhal to occupy the apartment
during that period) and Hermine Leventhal to occupy the
home for the months of August and September 1988
(Harvey Leventhal to occupy the apartment during that
period) and thereafter they shall similarly alternate
the occupancy of both premises.
(2) Harvey Leventhal will pay all normal and usual
expenses of maintenance and operation of the marital
home and the alternate residence, the occupancy of
which are to be shared by the parties as aforesaid.
Of course, as we discussed on the phone earlier today,
all of the foregoing is based upon SILVER LAKE
ASSOCIATES (Owner) accepting the changes you made in
the Lease previously forwarded.
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