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JEMROCK REALTY CO., LLC. v. KRUGMAN

No. 59 SSM 59.

13 N.Y.3d 924 (2010)

895 N.Y.S.2d 284

2010 NY Slip Op 211

JEMROCK REALTY CO., LLC, Respondent, v. JAY KRUGMAN, Appellant.

Court of Appeals of New York.

Decided January 14, 2010.

Attorney(s) appearing for the Case

Barry J. Yellin, New York City, for appellant.

Abramson Law Group, PLLC, New York City (Jeffrey A. Bod-off of counsel), for respondent.

Andrew M. Cuomo, Attorney General, New York City (Monica Wagner of counsel), for New York State Division of Housing and Community Renewal, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, the case remitted to that court for further proceedings in accordance with this memorandum, and the certified question answered in the negative.

This case turns on the factual issue of whether the landlord's expenditures for "improvements" were at least equal to the amount (approximately $30,000) necessary...

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