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MATTER OF DIGBY MGMT. CO. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

189 A.D.2d 554 (1993)

In the Matter of Digby Management Co., Appellant, v. New York State Division of Housing and Community Renewal, Respondent

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

January 5, 1993

A rational basis exists for respondent's finding of a horizontal multiple dwelling, the record showing inter alia, a history of common ownership, a common heating system, a common meter for lighting in all public areas, a common chimney, a common facade and roofs, and combined tax, sewer and water bills for the subject premises that were paid by a common owner since 1978 (Matter of Salvati v Eimicke, 72 N.Y.2d 784). A court...

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