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PULTZ v. ECONOMAKIS

40 A.D.3d 24 (2007)

830 N.Y.S.2d 101

DAVID S. PULTZ et al., Respondents, v. CATHERINE ECONOMAKIS et al., Appellants.

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

February 15, 2007.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York City (Jeffrey Turkel of counsel), and Rose & Rose, New York City (Todd A. Rose of counsel), for appellants.

Collins, Dobkin & Miller, LLP, New York City (Stephen Dobkin of counsel), for respondents.

Belkin Burden Wenig & Goldman, LLP, New York City (Magda L. Cruz and Sherwin Belkin of counsel), for the Rent Stabilization Association of New York City, Inc., amicus curiae.

SAXE, J.P., SULLIVAN, WILLIAMS and CATTERSON, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

The issue on this appeal is whether an owner who seeks to recover the six remaining rent-stabilized apartments in a 15-unit tenement building for personal use and occupancy must first obtain the permission of the Division of Housing and Community Renewal (DHCR). We find that because the unambiguous provisions of the Rent Stabilization Law and Rent Stabilization Code permit an owner to recover "one or more dwelling units...

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