Park West Village v. Lewis

Sandler, J. P. (concurring).

This seems to me a close case. There is obvious force to the dissenting opinion’s observation that rent stabilization was not designed to protect the right of residential tenants to engage in profit-making activities. However, when the totality of circumstances is considered in light of the flexible approach articulated by the Court of Appeals in Matter of Park East Land Corp. v Finkelstein (299 NY 70) there appears to be adequate support for the conclusion reached by the Appellate Term. Three circumstances taken together seem to me of particular importance: (1)…