Legal Opinion

Rudd v. Sharff

Civil Court of the City of New York

Decided March 11, 2010Published

1Opinion of the Court

OPINION OF THE COURT

Gerald Lebovits, J.

In Pultz v Economakis (10 NY3d 542, 548 [2008]), the Court of Appeals interpreted New York City Rent Stabilization Code (RSC) (9 NYCRR) § 2524.4 (a) to allow owners to recover entire buildings in owner’s-use holdover proceedings if they can prove, at trial, their good faith intention to recover the units for their personal use as their primary residence. Petitioners here, like the petitioner in Pultz, seek to recover an entire building. The issue in this owner’s-use proceeding seeking an entire building is what a predicate notice must say before a…

2Cases cited9 opinions

  1. MATTER OF 61 JANE ST. ASSOCS. v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1985
  2. Pultz v. EconomakisNew York Court of Appeals · 2008
  3. Berkeley Associates Co. v. CamlakidesAppellate Division of the Supreme Court of the State of New York · 1991
  4. Berkeley Associates Co. v. CamlakidesNew York Court of Appeals · 1991
  5. Horsford v. BacottAppellate Division of the Supreme Court of the State of New York · 2006

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