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In the haste of the hand delivery of my earlier
communication the instant "listing and sale" provision
was omitted.
Kindly acknowledge the acceptance of the above by
signing and returning to me, in the envelope provided,
the enclosed copy of this letter.
Very truly yours,
CHARLES E. MOSER
CEM:tp
UNDERSTOOD, ACCEPTED AND AGREED:_______________________
ROSENTHAL & SHAYS, By:
IRVIN H. ROSENTHAL,ESQ.
Attorneys for Defendant
Again, this letter was signed by Mr. Moser and countersigned by
Mr. Rosenthal on behalf of Harvey. These two letters set forth
above dated June 1, 1988, are collectively referred to
hereinafter as the "June 1 letters”.
During 1990 and the first 6 months of 1991, petitioners
alternately occupied the apartment on Victory Boulevard in Staten
Island, New York (apartment), and the marital home on a 2-month
rotation; i.e., each petitioner occupied one of the residences
for 2 months, and then petitioners switched locations.
Petitioners were designated as tenants on the lease for the
apartment.3 In June 1991, Harvey refused to renew the lease on
the apartment, and from July 1, to December 31, 1991, petitioners
shared occupancy of the marital home but did not live together as
3 We reach this conclusion on the basis of the first June 1
letter, which makes specific reference to the “Lease from SILVER
LAKE ASSOCIATES (Owner) to our Clients (Tenants)”.
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