AMY L. ROBERTS et al., on Behalf of Themselves and All Others Similarly Situated, Appellants,
v.
TISHMAN SPEYER PROPERTIES, L.P., et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
March 5, 2009.
March 5, 2009.
Attorney(s) appearing for the Case
Wolf Haldenstein Adler Freeman & Herz LLP, New York City (Alexander H. Schmidt, Daniel W. Krasner and Eric B. Levine of counsel), for Amy L. Roberts and others, appellants.
Bernstein Liebhard & Lifshitz, LLP, New York City (Robert J. Berg, Ronald J. Aranoff and Hanna R. Neier of counsel), for Margaret Carroll, appellant.
Skadden, Arps, Slate, Meagher & Flom LLP, New York City (Jay B. Kasner, Scott D. Musoff and Christopher R. Gette of counsel), and Belkin Burden Wenig & Goldman LLP, New York City (Sherwin Belkin and Magda Cruz of counsel), for Tishman Speyer Properties, L.P., and another, respondents.
Greenberg Traurig, LLP, New York City (Daniel J. Ansell and Steven Kirkpatrick of counsel), for Metropolitan Insurance and Annuity Company and another, respondents.
Borah, Goldstein, Altschuler Nahins & Goidel, P.C., New York City (Jeffrey R. Metz of counsel), for Community Housing Improvement Program, Inc., and another, amici curiae.
Rosenberg & Estis, P.C., New York City (Jeffrey Turkel of counsel), for Rent Stabilization Association of NYC, Inc., amicus curiae.
Steven Banks, The Legal Aid Society, New York City (Alan Canner of counsel), for Legal Aid Society, amicus curiae.
Jimmy Yan, New York City, for Office of the Manhattan Borough President, amicus curiae.
GONZALEZ, J.P., ACOSTA and DEGRASSE, JJ. concur.
Appellate Division of the Supreme Court of New York, First Department.
OPINION OF THE COURT
NARDELLI, J.
This appeal raises an issue of statutory construction regarding the luxury decontrol provisions of the Rent Stabilization Law (Administrative Code of City of NY §§ 26-504.1, 26-504.2) and, specifically, whether the motion court properly determined that the phrase "by virtue of" is equivalent in meaning to "solely by virtue of," thereby leading to the incongruous result of prohibiting landlords from decontrolling...
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