PROP. OWNERS v. LOFT BD.


118 A.D.2d 312 (1986)

In the Matter of Association of Commercial Property Owners, Inc., et al., Respondents, v. New York City Loft Board et al., Appellants

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

July 17, 1986


Attorney(s) appearing for the Case

Mordechai Lipkis of counsel (William H. Morris with him on the brief; Morris, Graham, Stephens & McMorrow, attorneys), for respondents.

Kristin M. Helmers of counsel (Stephen J. McGrath with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

ASCH, ELLERIN and WALLACH, JJ., concur with SANDLER, J. P.; KASSAL, J., dissents in an opinion.


SANDLER, J. P.

The respondent New York City Loft Board appeals from an order and judgment entered October 2, 1984 by Special Term (Orest V. Maresca, J.), which, inter alia, declared null and void a regulation which in substance exempted from coverage under the Loft Law (Multiple Dwelling Law §§ 280-287) any otherwise eligible loft unit that had been issued a temporary residential certificate...

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