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ROWE v. CITY OF NEW YORK

162 Misc.2d 683 (1994)

615 N.Y.S.2d 959

Vanroy Rowe et al., Petitioners, v. City of New York et al., Respondents.

Supreme Court, New York County.

July 25, 1994

Attorney(s) appearing for the Case

Whitman, Breed, Abbott & Morgan, New York City (Charles R. Foy of counsel), for petitioners. Paul A. Crotty, Corporation Counsel of New York City (Daniel Turbow and Margo K. Brodie of counsel), for City of New York and others, respondents. Davidoff & Malito, New York City, for 88 Third Avenue Associates, respondent.

HERMAN CAHN, J.

In this CPLR article 78 proceeding, the court is presented with an issue of first impression: Is the "fair share" analysis requirement provided in the new New York City Charter § 203 retroactive to leases approved by the Board of Estimate under the old New York City Charter when the lease is amended after the new New York City Charter has become effective?

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