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MH RESIDENTIAL v. BARRETT

570081/08, 2241.

78 A.D.3d 99 (2010)

908 N.Y.S.2d 6

MH RESIDENTIAL 1, LLC, et al., Respondents, v. JOHN BARRETT et al., Appellants, et al., Respondents.

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

Decided September 14, 2010.

Attorney(s) appearing for the Case

Adam Leitman Bailey , P.C., New York City ( Jeffrey R. Metz and Dov Treiman of counsel), for appellants.

Axelrod, Fingerhut & Dennis, New York City ( David L. Fingerhut of counsel), for respondents.

ANDRIAS, J.P., SWEENY, FREEDMAN and ROMÁN, JJ., concur.

OPINION OF THE COURT

SAXE, J.

On this appeal we consider the rights of tenants whose leases have expired prior to the acceptance for filing of the sponsor's non-eviction conversion plan and whose tenancies are not subject to any tenancy protection statutes or regulations such as the Rent Stabilization Law or the Rent and Rehabilitation Law. We affirm the determination of Appellate Term that because respondents' leases expired before the sponsor's condominium...

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