Legal Opinion

48 West 138th Ltd. Partnership v. Stupp

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

Decided March 21, 2000Published

1Opinion of the Court

—Orders, Supreme Court, New York County (Harold Tompkins, J.), entered June 14, 1999 (Index Nos. 100186/99 and 100188/99), and June 11, 1999 (Index No. 100187/99), which dismissed the *133petitions pursuant to CPLR article 78 to annul determinations of respondent directing petitioner to repay tax abatement over-claims, unanimously affirmed, without costs.

Respondent properly directed petitioner to repay the tax abatements overclaimed since it is undisputed that there were no valid Senior Citizen Rent Increase Exemption (SCRIE) orders for the period for which respondent seeks recoupment. A landlord…

2Cases cited2 opinions

  1. New York State Medical Transporters Ass'n v. PeralesNew York Court of Appeals · 1990
  2. Jadam Equities, Ltd. v. StuppNew York Supreme Court · 1999

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