Legal Opinion

Roberts v. Tishman Speyer Properties, L.P.

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

Decided March 5, 2009PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Nardelli, J.

This appeal raises an issue of statutory construction regarding the luxury decontrol provisions of the Rent Stabilization Law (Administrative Code of City of NY §§ 26-504.1, 26-504.2) and, specifically, whether the motion court properly determined that the phrase “by virtue of’ is equivalent in meaning to “solely by virtue of,” thereby leading to the incongruous result of prohibiting landlords from decontrolling certain regulated units if they are subject to rent stabilization solely by virtue of New *73York City’s J-51 tax abatement program (see Administrative…

2Cases cited25 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  3. Riley v. County of BroomeNew York Court of Appeals · 2000
  4. Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
  5. Raritan Development Corp. v. SilvaNew York Court of Appeals · 1997

20 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
  2. Gersten v. 56 7th Avenue LLCAppellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of CHT Place, LLC v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2023
  4. Roberts v. Tishman Speyer Properties, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Altman v. 285 West Fourth, LLCAppellate Division of the Supreme Court of the State of New York · 2015

24 more not listed; retrieve them via the Exa API.

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