Herlihy v. New York City Loft Board

*185Determination of respondent New York City Loft Board, dated March 18, 2004, finding that respondent Weadick is a protected loft tenant and that petitioner Horowitz’s purchase of an outgoing tenant’s improvements should be set aside, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Barbara R. Kapnick, J.], entered January 19, 2005) dismissed, without costs.

Substantial evidence, including the statement in Weadick’s collateral assignment denying that she was a member of…