THORNTON v. BARON


4 A.D.3d 258 (2004)

772 N.Y.S.2d 326

DAVID L. THORNTON et al., Respondents-Appellants, v. SHLOMO BARON et al., Defendants, and 390 WEST END ASSOCIATES, L.L.C., Appellant-Respondent.

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

February 26, 2004.


Defendant occupied the subject premises as an illusory tenant under a lease for the period from December 1992 until July 2000, when this Court declared it invalid (390 W. End Assoc. v Baron, 274 A.D.2d 330, 332 [2000]). It is agreed that, as a consequence of defendant's illusory tenancy, a new stabilized rent must be determined. What divides us is the methodology to be employed, specifically, whether the rent may be set at the level...

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