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GRAMERCY N ASSOCS v. BIDERMAN

169 A.D.2d 345 (1991)

In the Matter of Gramercy North Associates, Respondent, v. Abraham Biderman, as Commissioner of The Department of Housing Preservation and Development of the City of New York, et al., Appellants

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

July 25, 1991

Attorney(s) appearing for the Case

Reed G. Schneider of counsel (Edith I. Spivack with him on the brief; Victor A. Kovner, Corporation Counsel, attorney), for appellants.

Steven R. Lapidus of counsel (Wayne R. Smith with him on the brief; Lerner Lapidus & Franquinha, attorneys), for respondent.

ROSENBERGER, J. P., ELLERIN, WALLACH and SMITH, JJ., concur.

ROSS, J.

The issue on this appeal is whether the determination of the Department of Housing Preservation and Development of the City of New York, denying the application of Gramercy North Associates, for partial tax exemption benefits, pursuant to Real Property Tax Law § 421-a, was arbitrary and capricious.

In order "to spur new construction of multiple dwellings to meet a housing shortage afflicting...

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