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IN THE MATTER OF 15 WEST REALTY LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

5 A.D.3d 296 (2004)

773 N.Y.S.2d 539

In the Matter of 15 WEST REALTY LLC, Petitioner, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

March 25, 2004.

While petitioner landlord's principal maintained that the tenant's residential use of the subject apartment violated the commercial lease pursuant to which the apartment was let and thus that she was not required to issue the tenant a rent-stabilized renewal lease, substantial evidence (see Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231-232 [1974]) was adduced at the administrative hearing showing that petitioner's principal...

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