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CANDIDA v. THE SALVATION ARMY, INC.

46 A.D.3d 294 (2007)

847 N.Y.S.2d 81

MARIA CANDIDA et al., Plaintiffs, and PARKSIDE-TEN EYCK TENANTS ASSOCIATION et al., Appellants, v. THE SALVATION ARMY, INC., Respondent.

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

Decided December 6, 2007.

The court properly declared that the two residences owned and operated by defendant were exempt from the Rent Stabilization Law since the primary use of the residences was charitable (see Salvation Army v Cruz, 161 Misc.2d 265, 268-269 [1994]). Because the tenants' initial occupancies commenced after defendant acquired the residences, they were exempt from the operation of the Rent Stabilization Law and defendant was entitled...

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