MATTER OF NARDO v. NEW YORK CITY LOFT BD.


202 A.D.2d 364 (1994)

612 N.Y.S.2d 826

In the Matter of Lou Nardo, Appellant, v. New York City Loft Board, Respondent

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

March 31, 1994


Petitioner's challenge to the Loft Board's determination that the cost of restoring elevator service would be borne by the tenants was properly dismissed since the Loft Board was precluded from reaching and in fact did not reach this issue in the context of a proceeding pursuant to 29 RCNY 2-01 (d) (2) (vii) (B) (b). Rather, the Loft Board offered the tenants a right to waive the requirement that the owner provide this service upon the ground that it might ultimately be determined...

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