MATTER OF CENPARK REALTY CO. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL


257 A.D.2d 543 (1999)

685 N.Y.S.2d 26

In the Matter of CENPARK REALTY CO., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and 360 CENTRAL PARK WEST TENANTS ASSOCIATION, Intervenor-Respondent.

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

Decided January 28, 1999.


Respondent's finding that the work in question was not done on a building-wide basis and did not inure to the benefit of all tenants, as required by Rent Stabilization Code (9 NYCRR) § 2522.4 (a) (2) (i) (c) in order to qualify as a major capital improvement, has ample support in the record, including tenant complaints of continuing leaks and water damage, the contractor's statement that it worked on only a portion of the building, and the fact that additional pointing...

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