Legal Opinion
545 Eighth Avenue Associates, L.P. v. Shanaman
Appellate Terms of the Supreme Court of New York
Decided June 5, 2006PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Orders, dated January 20, 2004, affirmed, with one bill of $10 costs.
The prediscovery record now before us presents mixed questions of law and fact as to whether respondents “undertenants” qualify for protected status under article 7-C of the Multiple Dwelling Law and, more specifically, as to the viability of respondents’ proffered defense of illusory tenancy. To be sure, the Loft Board, whose interpretation of the applicable subletting rules and regulations promulgated by it (see 29 RCNY 2-09 [b] [3])* is entitled to deference (see Matter of Perlrose Realty Corp. v New…
3Cases cited3 opinions
- Perlrose Realty Corp. v. New York City Loft BoardAppellate Division of the Supreme Court of the State of New York · 1989
- 125 Church Street Development Co. v. GrassfieldCivil Court of the City of New York · 1996
- Perlrose Realty Corp. v. New York City Loft BoardNew York Court of Appeals · 1989
4Cited by1 opinion
- 315 Berry Street Corp. v. Hanson Fine ArtsAppellate Division of the Supreme Court of the State of New York · 2007