MATTER OF BLEECKER STREET INVESTORS, LLC v. ZABARI

3489, 570731/15, 72392/12.

148 A.D.3d 577 (2017)

2017 NY Slip Op 02149

50 N.Y.S.3d 332

In the Matter of BLEECKER STREET INVESTORS, LLC, Respondent, v. DORON ZABARI, Appellant, et al., Respondents

Appellate Division of the Supreme Court of New York, First Department.

Decided March 23, 2017.


Collateral estoppel did not apply to bar respondent tenant from challenging the alleged nonregulated rent status of the subject apartment where the record establishes that the Loft Board did not provide notice of the 2005 determination to the tenant who then occupied the apartment, who therefore did not have an opportunity to litigate such issue (see ABN AMRO Bank, N.V. v MBIA Inc., 17 N.Y.3d 208, 226 [2011]). A qualifying apartment...

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