Legal Opinion · Dissent

First Hudson Capital, LLC v. Seaborn

Appellate Terms of the Supreme Court of New York

Decided March 30, 2007Published

1DissentMcCooe, J.

I respectfully dissent. The landlord *42seeks to evict this rent-stabilized, tenant upon the ground that he overcharged various roommates with whom he shared the apartment. The tenant claims he moved into the apartment located at 208 West 30th Street in 1976 when it was commercial space and invested thousands of dollars in improvements, including plumbing and electrical work, in order to gain rent-stabilized status. His rent for the space is approximately $973 per month. There was no Rent Stabilization Code provision limiting the amount of rent a stabilized tenant could charge a roommate until…

2Cases cited7 opinions

  1. Sullivan v. Brevard AssociatesNew York Court of Appeals · 1985
  2. BLF Realty Holding Corp. v. KasherAppellate Division of the Supreme Court of the State of New York · 2002
  3. 520 East 81st Street Associates v. Roughton-HesterAppellate Division of the Supreme Court of the State of New York · 1990
  4. West 148 LLC v. YonkeAppellate Terms of the Supreme Court of New York · 2006
  5. 54 Greene Street Realty Corp. v. ShookAppellate Division of the Supreme Court of the State of New York · 2004

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