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PINEWOOD APARTMENT ASSOCIATES v. WILCOX

51 A.D.3d 751 (2008)

858 N.Y.S.2d 704

PINEWOOD APARTMENT ASSOCIATES, Appellant-Respondent, v. STEPHANIE WILCOX, Respondent-Appellant.

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

Decided May 13, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On a prior appeal in this matter, we held that the plaintiff was not entitled to charge the defendant a vacancy allowance increase pursuant to the Emergency Tenant Protection Act of 1974 and attendant regulations (see McKinney's Uncons Laws of NY § 8621 et seq.; 9 NYCRR 2500.1, 2500.13; Pinewood Assoc., Inc. v Wilcox,

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