Legal Opinion

985 Fifth Avenue Inc. v. State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of the State of New York

Decided March 26, 1991PublishedCited by 39 opinions

1Opinion of the Court

Judgment of the Supreme Court, New York County (Beatrice Shainswit, J.), entered on December 26, 1989, which granted petitioner’s application pursuant to CPLR article 78 to the extent of remanding the matter to respondent agency for further findings, is unanimously reversed on the law and the petition denied and dismissed, without costs or disbursements.

Petitioner, the owner and landlord of the premises at 985 Fifth Avenue in Manhattan, was the subject of a rent overcharge complaint by the tenant of apartment 16B. The tenant had taken occupancy pursuant to a three year lease commencing on…

2Cases cited5 opinions

  1. Albano v. KirbyNew York Court of Appeals · 1975
  2. MATTER OF FANELLI v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1983
  3. Lavanant v. State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1989
  4. Realty v. State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1990
  5. Brusco v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by39 opinions

  1. West Village Associates v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2000
  2. Charles Birdoff & Co. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1994
  3. DiMaggio v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1998
  4. Pechock v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1998
  5. Graham Court Owners Corp. v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2010

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