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RUDD v. SHARFF

80115/09.

27 Misc.3d 860 (2010)

896 N.Y.S.2d 858

FREDERICK J. RUDD et al., Petitioners, v. ERIC SHARFF, Respondent. FREDERICK J. RUDD et al., Petitioners, v. DON KNIGHT et al., Respondents.

Civil Court of the City of New York, New York County.

Decided March 11, 2010.

Attorney(s) appearing for the Case

Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City ( Ronald S. Languedoc and Sam Himmelstein of counsel), for respondents.

Belkin Burden Wenig & Goldman, LLP, New York City ( Brian Y. Epstein of counsel), for petitioners.

OPINION OF THE COURT

GERALD LEBOVITS, J.

In Pultz v Economakis (10 N.Y.3d 542, 548 [2008]), the Court of Appeals interpreted New York City Rent Stabilization Code (RSC) (9 NYCRR) § 2524.4 (a) to allow owners to recover entire buildings in owner's-use holdover proceedings if they can prove, at trial, their good faith intention to recover the units for their personal use as their primary residence. Petitioners...

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