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MATTER OF 61 JANE ST. ASSOCS. v. NEW YORK CITY CONCILIATION & APPEALS BD.

108 A.D.2d 636 (1985)

In the Matter of 61 Jane Street Associates, Appellant, v. New York City Conciliation and Appeals Board et al., Respondents

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

February 14, 1985

Kupferman, J., dissents in a memorandum as follows:

The petitioner-appellant landlord appeals from a denial of its CPLR article 78 challenge seeking to annul a determination of the Conciliation and Appeals Board (CAB) which reduced the rent of a rent-stabilized apartment.

I would reverse and remand for a new calculation. While the rent should be reduced, the formula used by the CAB in arriving at its conclusion is, under the circumstances here...

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