Plaza Realty Investors v. New York State Division of Housing & Community Renewal

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered July 18, 1997, which, to the extent appealed from, denied the petition pursuant to CPLR article 78 insofar as it sought a recalculation of rent by reason of a claimed vacancy allowance and by reason of an allegedly under-calculated permissible rent increase, unanimously affirmed, without costs.

Respondent’s denial of a vacancy rent increase for the subject rent stabilized apartment, was not arbitrary and capricious where petitioner landlord concededly chose to forgo its formal remedies and resolve the matter of an…