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MATTER OF BRESLIN TENANT ASSOCIATION v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK

1482.

67 A.D.3d 522 (2009)

890 N.Y.S.2d 473

2009 NY Slip Op 08460

In the Matter of BRESLIN TENANT ASSOCIATION et al., Petitioners, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK et al., Respondents.

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

Decided November 17, 2009.

The finding that respondent hotel did not engage in conduct that harassed or was intended to harass any single room occupancy tenant within the meaning of Administrative Code § 27-2093 is supported by substantial evidence showing, inter alia, that essential services were maintained on an ongoing basis, that the hotel's management took prompt steps to correct maintenance problems as they arose, and that the violations against...

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