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MATTER OF SCHUR MGMT. CO., LTD. v. DIV. OF HOUS. & CMTY. RENEWAL

190 A.D.2d 589 (1993)

In the Matter of Schur Management Company, Ltd., Appellant, v. Division of Housing & Community Renewal, Respondent

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

February 18, 1993

The petitioner was properly precluded from relitigating the issue of the lawful rent of the apartment in issue which was established by the Rent Commissioner in a prior determination which it did not challenge.

As the Court of Appeals stated in Staatsburg Water Co. v Staatsburg Fire Dist. (72 N.Y.2d 147, 153), "[i]n the end, the fundamental inquiry is whether relitigation should...

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