MATTER OF 7 WEST 87TH STREET, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL


295 A.D.2d 103 (2002)

742 N.Y.S.2d 302

In the Matter of 7 WEST 87TH STREET, LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and ROBERT SWEENEY et al., Intervenors-Respondents.

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

Decided June 4, 2002.


Petitioner's predecessor (herein, along with petitioner, the landlord) imposed a rent increase for improvements allegedly made to the subject apartment just before the complaining tenants moved in. As proof thereof, the landlord submitted a contractor's affidavit, but, when the tenants denied most of the improvements described in the affidavit, the Rent Administrator asked the landlord for copies of canceled checks showing payment to the contractor. The landlord did not produce...

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