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300 W 49TH ST ASSOCS v. DHCR

212 A.D.2d 250 (1995)

629 N.Y.S.2d 194

In the Matter of 300 West 49th Street Associates, Respondent, v. New York State Division of Housing and Community Renewal, Office of Rent Administration, Appellant

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

June 20, 1995

Attorney(s) appearing for the Case

Iris J. Korman of counsel, Bronx (April A. Gray-Huertas on the brief; Dennis J. Saffran, attorney), for appellant.

William J. Eberight of counsel, New York City (Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., attorneys), for respondent.

KUPFERMAN, J., dissents and would affirm for the reasons stated by GREENFIELD, J.

TOM, J.

On or about February 3, 1987, tenants James Shepard and Frank Post filed a rent overcharge complaint with respondent New York State Division of Housing and Community Renewal (DHCR) against petitioner 300 West 49th Street Associates (Landlord). The tenants took occupancy of their rent-stabilized apartment (the Apartment) located at 300 West 49th Street in Manhattan pursuant to a one-year lease commencing...

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