MATTER OF NAGOURNEY v. BATISTA


268 A.D.2d 389 (2000)

702 N.Y.S.2d 281

In the Matter of SARAH NAGOURNEY, Petitioner, v. HECTOR BATISTA, as Chair of the New York City Loft Board, Respondent, and WINDSOR CONSTRUCTION CORP., Intervenor-Respondent.

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

Decided January 27, 2000.


The Loft Board's finding that the base rent of petitioner tenant's loft is $1,550 a month, not $1,100, as petitioner contends, is supported by substantial evidence. The lease terms in effect on December 21, 1982 (see, 29 RCNY 2-06; Multiple Dwelling Law § 286 [2] [i]) provided for an annual rent of $18,600, monthly rent payments of $1,550, and a "construction allowance" of $450 a month to be credited towards the tenants' monthly payments if the tenants, upon accepting...

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