MATTER OF BRIAR HILL APARTMENTS, INC. v. CONCILIATION & APPEALS BD.


44 A.D.2d 816 (1974)

In the Matter of Briar Hill Apartments, Inc., Respondent, v. Conciliation and Appeals Board, Respondent, and Zelda Schiffman et al., Intervenors, Appellants

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

May 21, 1974


In an article 78 proceeding the issue before the court was whether the action of the respondent directing that a renewal lease entered into between the landlord and tenants be prospective only was arbitrary or capricious. Respondent found that petitioner-landlord did not comply with section 60 of the Rent Stabilization Code in that it did not tender a lease which contained all of the required provisions of the expiring lease and that the tender was not timely. Ample evidence...

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