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FABRICANT v. RECTOR, CHURCHWARDENS & VESTRYMEN OF THE CHURCH OF ST. LUKE IN THE FIELDS

91 A.D.2d 906 (1983)

Neil Fabricant et al., Appellants-Respondents, et al., Plaintiff, v. Rector, Churchwardens and Vestrymen of the Church of St. Luke in the Fields, Respondent-Appellant

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

January 6, 1983

Tenants commenced this action seeking to declare their right to be subject to the RSL and the ETPA. They contend that, although the subject premises, which are adjoining and are part of a larger parcel of contiguous buildings and units, are listed as two separate addresses, and each contains less than six units, there are sufficient common characteristics so that, as a matter of law, under the "horizontal multiple dwelling rule"...

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