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THORNTON v. BARON

5 N.Y.3d 175 (2005)

833 N.E.2d 261

800 N.Y.S.2d 118

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

Court of Appeals of the State of New York.

Decided June 30, 2005.

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, LLP, New York City (Magda L. Cruz, Sherwin Belkin, Howard Wenig and Jay H. Berg of counsel), for appellant-respondent.

Vernon & Ginsburg, LLP, New York City (Darryl M. Vernon and Michael T. Yonker of counsel), for respondents-appellants.

Before: Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur with Chief Judge KAYE; Judge R.S. SMITH dissents in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

Chief Judge KAYE.

We are asked in this appeal to establish the legal regulated rent for an apartment improperly removed from rent stabilization.

Defendant 390 West End Associates is the owner of the Apthorp, a residential apartment building on the Upper West Side of Manhattan. In the early 1990s, the owner hit upon a scheme to remove a number of its apartments from the protections of...

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