Legal Opinion

Stulz v. 305 Riverside Corp.

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

Decided May 23, 2017No. 4099 102681/12PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 26, 2016, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

As a result of the Court of Appeals decision in Roberts v Tishman Speyer Props., L.P. (13 NY3d 270 [2009]), a tenant is entitled to rent-stabilized status for the duration of the tenancy and to collect any rent overcharges, where an apartment was improperly deregulated at a time when the landlord was receiving J-51 benefits (see 72A Realty Assoc. v Lucas, 101 AD3d 401, 401-402 [1st Dept…

2Cases cited4 opinions

  1. Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
  2. Altschuler v. Jobman 478/480, LLC.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Amherst & Clarence Insurance v. Cazenovia Tavern, Inc.New York Court of Appeals · 1983
  4. Todres v. W7879, LLCAppellate Division of the Supreme Court of the State of New York · 2016

3Cited by6 opinions

  1. Montera v. KMR Amsterdam LLCAppellate Division of the Supreme Court of the State of New York · 2021
  2. Sandlow v. 305 Riverside Corp.Appellate Division of the Supreme Court of the State of New York · 2022
  3. DiLorenzo v. Windermere Owners LLCAppellate Division of the Supreme Court of the State of New York · 2019
  4. Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2018
  5. Raden v. W 7879, LLCAppellate Division of the Supreme Court of the State of New York · 2018

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