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MANHATTAN TENANTS v. LOFT BD.

66 N.Y.2d 298 (1985)

In the Matter of Lower Manhattan Loft Tenants et al., Appellants, v. New York City Loft Board et al., Respondents.

Court of Appeals of the State of New York.

Decided November 19, 1985.

Attorney(s) appearing for the Case

Jeffrey S. Ween, Sara Brenner, Beatrice Lesser, Arthur Rhine and Richard Mayo for appellants.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Nanette Dembitz, Francis F. Caputo and Lisa S. J. Yee of counsel), for New York City Loft Board and others, respondents.

Gary M. Rosenberg, Sherwin Belkin and Susan Rosenblum Lipp for 655 Realty Associates, respondent.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEYER, J.

Regulation J (1) (a), issued by the New York City Loft Board, which permits the landlord of an interim multiple dwelling registered with the Board pursuant to article 7-C of the Multiple Dwelling Law to evict a residential occupant of a unit, who has no lease or rental agreement with the landlord, on the ground "that the unit is not the primary residence of such residential occupant," was within the...

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