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MATTER OF W 54-7 LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

39 A.D.3d 312 (2007)

835 N.Y.S.2d 38

In the Matter of W 54-7 LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

Decided April 12, 2007.

The statements made by Supreme Court in a prior action brought by petitioner against the tenants for a declaration that the subject apartment is rent stabilized, and seeming to determine the base date, were dicta, not relevant to the issue of stabilized status, not final on the issue of legal rent, inconsistent with the court's acknowledgment that establishment of legal rent was a matter for DHCR, and not binding on DHCR. In establishing the legal rent on petitioner's application...

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