ROBERTS v. TISHMAN SPEYER


13 N.Y.3d 270 (2009)

AMY L. ROBERTS et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. TISHMAN SPEYER PROPERTIES, L.P., et al., Appellants.

Court of Appeals of New York.

Decided October 22, 2009.


Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom LLP, New York City (Jay B. Kasner, Scott D. Musoff, Jonathan Frank and Christopher R. Gette of counsel), and Belkin Burden Wenig & Goldman, LLP (Sherwin Belkin and Magda Cruz of counsel), for Tishman Speyer Properties, L.P., and another, appellants.

Greenberg Traurig, LLP, New York City (Alan Mansfield, Daniel J. Ansell and Steven Kirkpatrick of counsel), for Metropolitan Insurance and Annuity Company and another, appellants.

Wolf Haldenstein Adler Freeman & Herz LLP, New York City (Alexander H. Schmidt, Daniel W. Krasner and Eric B. Levine of counsel), and Bernstein Liebhard LLP (Ronald J. Aranoff, Stanley Bernstein and Christian Siebott of counsel) for respondents.

Legal Aid Society, Harlem Community Law Office, New York City (Steven Banks and Alan Canner of counsel), for Legal Aid Society, amicus curiae.

Meister Seelig & Fein LLP, New York City (Stephen B. Meister and Thomas L. Friedman of counsel), for Real Estate Board of New York, amicus curiae.

Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City (David S. Hershey-Webb, William J. Gribben and Ronald S. Languedoc of counsel), for New York State Tenants & Neighbors Coalition, Inc. and another, amici curiae.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York City (Robert D. Goldstein, Paul N. Gruber and David B. Cabrera of counsel), for Community Housing Improvement Program, Inc. and another, amici curiae.

Elizabeth R. Fine, General Counsel, Council of the City of New York, New York City (Lauren G. Axelrod and Alvin L. Bragg, Jr., of counsel), for Maria del Carmen Arroyo and others, amici curiae.

Rosenberg & Estis, P.C., New York City (Jeffrey Turkel and Nicholas Kamillatos of counsel), for Rent Stabilization Association of NYC, Inc., amicus curiae.

Jimmy Yan, General Counsel, Office of the Manhattan Borough President, New York City, for Office of the Manhattan Borough President, amicus curiae.

Harvey Epstein, New York City, for Urban Justice Center, amicus curiae.

Collins Dobkin & Miller, LLP, New York City (Seth A. Miller of counsel), for Mitchell-Lama Residents Coalition, amicus curiae.

Judges CIPARICK, SMITH, PIGOTT and JONES concur in per curiam opinion; Judge READ dissents in a separate opinion in which Judge GRAFFEO concurs; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

Per Curiam.

In this lawsuit, nine plaintiff-tenants of Peter Cooper Village and Stuyvesant Town, two adjoining Manhattan apartment complexes comprising 110 buildings and occupying roughly 80 acres between 14th and 23rd Streets along the East River (the properties or the apartment complexes) contend that defendants Tishman Speyer Properties, L.P., and PCV ST Owner LP (collectively, PCV/ST),...

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