Legal Opinion

Matter of 215 W 88th St. Holdings LLC v. New York State Div. of Hous. & Community Renewal

Appellate Division of the Supreme Court of the State of New York

Decided October 27, 2016No. 2068 100693/14 100694/14PublishedCited by 6 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered February 6, 2015, denying the petitions brought pursuant to CPLR article 78 seeking to annul so much of the determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated May 5, 2014, as denied tenants treble damages, granted landlord Rent Guidelines Board Order (RGBO) increases in calculating the rent during the period of overcharge, applied the “default method” as prescribed in Thornton v Baron (5 NY3d 175 [2005]) and its progeny to determine tenants’ base date rent, and denied…

2Cases cited4 opinions

  1. Thornton v. BaronNew York Court of Appeals · 2005
  2. Capruso v. Village of Kings PointNew York Court of Appeals · 2014
  3. Levinson v. 390 West End Associates, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Hargrove v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. 41-47 Nick LLC v. Odumosu, Civil Court Of The City Of New York, New York County2024
  2. 41-47 Nick LLC v. Odumosu, Civil Court Of The City Of New York, New York County2024
  3. 41-47 Nick LLC v. Odumosu, Civil Court Of The City Of New York, New York County2024
  4. Grady v. Hessert Realty L.P.Appellate Division of the Supreme Court of the State of New York · 2019
  5. Matter of 247-253 W. 116 LLC v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2019

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