Legal Opinion

Merber v. 37 West 72nd Street, Inc.

New York Supreme Court

Decided July 9, 2010Published

1Opinion of the Court

*416OPINION OF THE COURT

Doris Ling-Cohan, J.

Background

Plaintiffs are tenants in a rent-stabilized building owned by defendant, pursuant to a lease for apartment 3-A, for a one-year term commencing on December 14, 2004.1 The lease provided for a monthly rental of $3,250 and gave notice pursuant to Rent Stabilization Law of 1969 (RSL) (Administrative Code of City of NY) § 26-504.2 (b), that the apartment was no longer subject to the RSL, due to the stabilized rent rising to a sum in excess of $2,000 per month, during its vacancy, as provided in RSL § 26-504.2 (a).

The section 26-504.2 (b) notice…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  4. JEMROCK REALTY CO., LLC. v. KrugmanNew York Court of Appeals · 2010
  5. Dauman Displays, Inc. v. MasturzoAppellate Division of the Supreme Court of the State of New York · 1990

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