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FULLAN v. 142 E 27TH ST ASSOC

1 N.Y.3d 211 (2003)

802 N.E.2d 1105

770 N.Y.S.2d 707

SEAN FULLAN et al., Respondents, v. 142 EAST 27TH STREET ASSOCIATES et al., Defendants, and 27 REALTY, LLC, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 22, 2003.

Attorney(s) appearing for the Case

Kaufman Friedman Plotnicki & Grun, LLP, New York City (Howard Grun of counsel), for appellants.

Law Offices of Mitchell Merlis, New York City (Mitchell Merlis of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

CIPARICK, J.

This appeal requires us to determine whether a current owner may be held liable for a fair market rent appeal (FMRA) award for excess rents collected by a previous owner, where the current owner was not a party to the FMRA and did not have an opportunity to participate in the FMRA process. We conclude that, under these circumstances, a current owner cannot be held liable for the...

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