MATTER OF 54/55 SIXTH REALTY CORP. v. Leventhal

Memorandum. The order of the Appellate Division should be affirmed.

Although the certificate of occupancy did not authorize the owner to divide the penthouse into two apartments, the respondent’s records show that this condition had existed, had been reported, and had been a matter of record ever since 1944. The New York City Rent and Eviction Regulations (§ 88, subd a) permits the respondent to revoke his order upon a showing of "illegality, irregularity in vital matters, or fraud.” However we agree with the Appellate Division that respondent’s failure to discover facts within its own files…