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COLUMBUS 95TH STREET, LLC v. NY. STATE HOUSING AND COMMUNITY RENEWAL

113148/07, 3627.

81 A.D.3d 269 (2010)

916 N.Y.S.2d 2

COLUMBUS 95TH STREET, LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent. COLUMBUS HOUSE TENANTS ASSOCIATION et al., Intervenors-Respondents.

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

Decided December 28, 2010.

Attorney(s) appearing for the Case

Wolf Haldenstein Adler Freeman & Herz, LLP, New York City ( Maria I. Beltrani of counsel), for appellant.

Gary R. Connor , New York City ( Martin B. Schneider of counsel), for New York State Division of Housing and Community Renewal, respondent.

Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City ( David Hershey-Webb and Serge Joseph of counsel), for Columbus House Tenants Association and another, respondents.

GONZALEZ, P.J., NARDELLI and RICHTER, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

In March 2006, Columbus Housing, Inc. (Housing) dissolved and petitioner Columbus 95th Street (Columbus) immediately became the owner of 95 West 95th Street, New York, New York. Housing had operated the building as a "Limited-Profit Housing Company," or "Mitchell-Lama," for approximately 36 years, and had enjoyed the benefits, and was bound by the restrictions, embodied in article II of the Private Housing Finance Law...

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