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WINDSOR v. NYC CAB

59 N.Y.2d 18 (1983)

In the Matter of Windsor Park Associates, Respondent, v. New York City Conciliation and Appeals Board, Appellant.

Court of Appeals of the State of New York.

Decided May 5, 1983.

Attorney(s) appearing for the Case

Cullen S. McVoy and Ellis S. Franke for appellant.

Gary M. Rosenberg for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and SIMONS concur.

MEYER, J.

A tenant whose cancellation of his lease is governed by section 40 of the Code of the Rent Stabilization Association of New York City, Inc. (Code), and who prior to cancellation litigates the propriety of the hardship increase approved by the Conciliation and Appeals Board (CAB) is permitted to continue in occupancy at no increase in rent from the date on which he receives a copy of the CAB order on...

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