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CAMBRIDGE DEVELOPMENT, LLC v. STAYSNA

1871, 67120/05

68 A.D.3d 614 (2009)

2009 NY Slip Op 9523

892 N.Y.S.2d 343

CAMBRIDGE DEVELOPMENT, LLC, Appellant, v. BRUCE STAYSNA, Respondent.

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

Decided December 22, 2009.

Appellate Term properly modified the order of the Civil Court by permanently staying execution of the warrant of eviction because although a tenant who profiteers on a rent-stabilized apartment by substantially overcharging a subtenant may forfeit his or her rights under rent stabilization (see e.g. Matter of 151-155 Atl. Ave. v Pendry, 308 A.D.2d 543 [2003]; Continental Towers Ltd. Partnership v Freuman,

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