West v. B.C.R.E—90 W. St., LLC

Decision Date17 May 2018
Docket NumberIndex 157031/15,6590,6589
Citation78 N.Y.S.3d 96,161 A.D.3d 566
Parties William T. WEST, et al., Plaintiffs–Respondents–Appellants, v. B.C.R.E—90 WEST STREET, LLC, Defendant–Appellant–Respondent, Lee Rosen, Defendant.
CourtNew York Supreme Court — Appellate Division

Belkin Burden Wenig & Goldman, LLP, New York (Magda L. Cruz of counsel), for appellant-respondent.

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

Friedman, J.P., Sweeny, Kapnick, Kahn, JJ.

Amended order, Supreme Court, New York County (Robert R. Reed, J.), entered on or about February 1, 2018, which, insofar as appealed from, denied defendant B.C.R.E. 90 West Street, LLC's motion for summary judgment declaring that plaintiffs' apartments are deregulated and not subject to rent stabilization, and granted plaintiffs' cross motion for summary judgment declaring that plaintiffs' leases are subject to rent stabilization, and so declared, unanimously reversed, on the law, without costs, and 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 vacancy decontrol provisions of the Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26–504.2(a).

The fact that the subject building...

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2 cases
  • Kuzmich v. 50 Murray St. Acquisition LLC
    • United States
    • New York Court of Appeals Court of Appeals
    • June 25, 2019
    ...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 deregulation provisions of the RSL apply to apartments in buildings receivi......
  • Gold Bar Refinery Corp. v. So Accurate Grp., Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • June 14, 2018

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