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MATTER OF GARDEN BAY MANOR ASSOCS. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

150 A.D.2d 378 (1989)

In the Matter of Garden Bay Manor Associates, Appellant, v. New York State Division of Housing and Community Renewal, Respondent

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

May 1, 1989

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, work on a building does not constitute a major capital improvement solely by virtue of the fact that it is depreciable under the United States Internal Revenue Code. Among other things, the work must be "building-wide" and must constitute "an improvement to the building or to the building stock" (see, Rasch, New York Landlord and Tenant, Rent Control and Rent Stabilization...

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