Kuzmich v. 50 Murray St. Acquisition LLC

Citation157 A.D.3d 556,69 N.Y.S.3d 627
Decision Date18 January 2018
Docket NumberIndex 155266/16,5479
Parties John KUZMICH, et al., Plaintiffs–Respondents, v. 50 MURRAY STREET ACQUISITION LLC, Defendant–Appellant. The Real Estate Board of New York and the Public Advocate for the City of New York, Amici Curiae.
CourtNew York Supreme Court Appellate Division

157 A.D.3d 556
69 N.Y.S.3d 627

John KUZMICH, et al., Plaintiffs–Respondents,
v.
50 MURRAY STREET ACQUISITION LLC, Defendant–Appellant.


The Real Estate Board of New York and the Public Advocate for the City of New York, Amici Curiae.

5479
Index 155266/16

Supreme Court, Appellate Division, First Department, New York.

ENTERED: JANUARY 18, 2018


69 N.Y.S.3d 628

Holwell Shuster & Goldberg, LLP, New York (James M. McGuire of counsel), for appellant.

Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, New York (Serge Joseph of counsel), for respondents.

Rosenberg & Estis, P.C., New York (Alexander Lycoyannis of counsel), for the Real Estate Board of New York, amicus curiae.

Letitia James, Public Advocate for the City of New York, New York (Molly Thomas–Jensen of counsel), for the Public Advocate for the City of New York, amicus curiae.

Acosta, P.J., Sweeny, Gische, Andrias, JJ.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered July 3, 2017, which, among other things, denied defendant's motion for summary judgment, granted plaintiffs' cross motion for partial summary judgment, declared that plaintiffs' apartments are subject to rent stabilization, and ordered that a special referee be designated to hear and determine the amount of overcharges and the amount of attorneys' fees and costs incurred by plaintiffs in litigating this action, unanimously reversed, on the law, without costs, plaintiffs' cross motion denied, defendant's motion for summary judgment granted to the extent of declaring that plaintiffs' apartments were properly deregulated and are not subject to rent stabilization, the orders regarding the special referee vacated, and the matter remanded for further proceedings.

Except for condominiums and cooperatives, dwellings in buildings that receive tax benefits pursuant to Real Property Tax Law § 421–g are subject to rent stabilization for the entire period the building is receiving 421–g benefits ( Real Property Tax Law § 421–g[6] ). However, 421–g buildings are subject to the luxury vacancy decontrol provisions of...

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4 cases
  • DiLorenzo v. Windermere Owners LLC
    • United States
    • New York Supreme Court Appellate Division
    • 13 Junio 2019
    ...improvements allegedly performed on Apt 4K (see 9 NYCRR 2522.4 [a][2][d][11], [12]; see also Kuzmich v. 50 Murray St. Acquisition LLC, 157 A.D.3d 556, 557, 69 N.Y.S.3d 627 [1st Dept. 2018] ["[a] statute or legislative act is to be construed as a whole, and all parts of an act are to be read......
  • Kuzmich v. 50 Murray St. Acquisition LLC
    • United States
    • New York Court of Appeals
    • 25 Junio 2019
    ...to the 34 N.Y.3d 90 extent of declaring that plaintiffs' apartments were properly deregulated and are not subject to rent stabilization ( 157 A.D.3d 556, 69 N.Y.S.3d 627 [1st Dept. 2018] ; 161 A.D.3d 566, 78 N.Y.S.3d 96 [1st Dept. 2018] ). The Appellate Division held that the luxury deregul......
  • Calleja v. AI 229 W. 42nd St. Prop. Owner, LLC, 5484
    • United States
    • New York Supreme Court Appellate Division
    • 18 Enero 2018
    ...Daffy's Inc. is not barred by the "Stipulated Order" in Daffy's bankruptcy proceeding, in which third-party plaintiff AI 229 West 69 N.Y.S.3d 62743rd Street Property Owner, LLC, waived and released any claims or causes of action relating to or arising under its lease with Daffy's, and the l......
  • West v. B.C.R.E—90 W. St., LLC
    • United States
    • New York Supreme Court Appellate Division
    • 17 Mayo 2018
    ...it is declared that plaintiffs' apartments were properly deregulated. For the reasons stated in Kuzmich v. 50 Murray St. Acquisition LLC, 157 A.D.3d 556, 69 N.Y.S.3d 627 [1st Dept. 2018] ), buildings receiving tax benefits pursuant to Real Property Tax Law § 421–g are subject to the luxury ......

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