DENZA v. INDEPENDENCE PLAZA

6528, 6529, 6530, 117673/05, 113831/04.

95 A.D.3d 153 (2012)

941 N.Y.S.2d 130

2012 NY Slip Op 2441

JOHN R. DENZA et al., Respondents, v. INDEPENDENCE PLAZA ASSOCIATES, LLC, et al., Appellants. INDEPENDENCE PLAZA NORTH TENANTS' ASSOCIATION et al., Respondents, v. INDEPENDENCE PLAZA ASSOCIATES, L.P., et al., Appellants. INDEPENDENCE PLAZA NORTH TENANTS' ASSOCIATION et al., Appellants, et al., Plaintiff, v. INDEPENDENCE PLAZA ASSOCIATES., L.P., et al., Respondents.

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

Decided April 3, 2012.


Attorney(s) appearing for the Case

Meister Seelig & Fein LLP, New York City ( Stephen B. Meister , Stacy M. Ashby and Remy J. Stocks of counsel), for Independence Plaza Associates, LLC, WB/Stellar IP Owner, L.L.C., and Independence Plaza Associates, L.P., appellants/respondents.

Collins, Dobkin & Miller, LLP, New York City ( Seth A. Miller of counsel), for John R. Denza, Susan Greenberg, Brett Macune, Andrew Parsons, Robert P. Rice, Christophe Rihet, and Nadav Zeimer, respondents, and for Independence Plaza North Tenants' Association, Pamela Beaulieu, Anna Braudes, James Berend, Eric Berend, Carolyn Dicarlo Anastasia Dilieto, Theresa, Lopez, Adam Macagna, Kathleen McGovern, Koluska Poventud, Catherine Procopio, Edmund Rosner, Elizabeth Saenger, Sally Etta Sheinfeld, Philip Stein, Gertrude Stein, Linda Stein, Adrian Vanderplas, Steve Vorillas and Mildred Zeldis, respondents/ appellants and Felix Ortiz, respondent.

Belkin Burden Wenig & Goldman, LLP, New York City ( Magda L. Cruz , Sherwin Belkin and Martin J. Heistein of counsel), for amici curiae.

MAZZARELLI, J.P., and ROMAN, JJ., concur with SAXE, J.; DEGRASSE, J., dissents in part in a separate opinion.


OPINION OF THE COURT

SAXE, J.

These appeals present the question of whether the continued receipt of J-51 tax benefits by the owner of a housing complex, following the owner's withdrawal of the complex from the Mitchell-Lama program, triggers the applicability of the Rent Stabilization Law even if those benefits were determined to have been unauthorized from the moment of the withdrawal, and were retroactively...

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