721 Ninth Avenue, LLC v. New York State Division of Housing & Community Renewal

*42Order and judgment (one paper), Supreme Court, New York County (Sherry Klein Heitler, J.), entered on or about March 13, 2003, which denied petitioner owner’s application to annul respondent New York State Division of Housing and Community Renewal’s (DHCR) determination that the subject premises constitute a horizontal multiple dwelling subject to rent stabilization and dismissed the petition, unanimously reversed, on the law, without costs, and the petition granted.

Petitioner owns a building with four housing units located at 721-23 Ninth Avenue and an adjoining building with three housing…