MATTER OF MYERS v. D'AGOSTA


202 A.D.2d 223 (1994)

608 N.Y.S.2d 447

In the Matter of Michelle Myers, Appellant, v. Joseph A. D'Agosta, as Acting Deputy Commissioner of The Division of Housing and Community Renewal, Respondent, and 339 East 12th Street Associates, Intervernor-Respondent

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

March 8, 1994


Respondent Division's determination that the proof adduced was sufficient to rebut the presumption that intervenor-respondent landlord had willfully overcharged petitioner has a rational basis (see, Matter of Round Hill Mgt. Co. v Higgins, 177 A.D.2d 256), namely a reasonable belief by the landlord that substantial renovations to the apartment permitted it to charge a free market...

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