Cabrini Realty, L.L.C. v. New York State Division of Housing & Community Renewal

*281Judgment, Supreme Court, New York County (Edward H. Lehner, J), entered on or about May 3, 2002, which denied and dismissed petitioner’s CPLR article 78 petition to annul the determination of the Division of Housing and Community Renewal (DHCR) that it was liable for a rent overcharge of $4,720.63, unanimously reversed, on the law, without costs, the petition granted, the determination annulled and the matter remanded for recalculation of the initial base rent pursuant to amended Rent Stabilization Code (RSC; 9 NYCRR) §§ 2526.1 and 2522.6.

Faced with contradictory representations as to the…