JEMROCK REALTY CO., LLC. v. Krugman

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, the case remitted to that court for further proceedings in accordance with this memorandum, and the certified question answered in the negative.

This case turns on the factual issue of whether the landlord’s expenditures for “improvements” were at least equal to the amount (approximately $30,000) necessary to bring the legal rent above the luxury decontrol threshold. Contrary to the contentions of both parties, and to the majority and dissenting opinions at the Appellate Division, the…