22 CPS OWNER LLC v. CARTER

4034, 109748/09.

84 A.D.3d 456 (2011)

923 N.Y.S.2d 450

22 CPS OWNER LLC, Respondent, v. JASON D. CARTER, Formerly Known as J. DOUGLAS COHEN, et al., Appellants, et al., Defendants.

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

Decided May 5, 2011.


Plaintiff seeks a declaration that the penthouse apartment (the penthouse) in the subject building located at 22 Central Park West, New York, New York (the building) is exempt from rent stabilization coverage. Supreme Court properly granted plaintiff summary judgment. The penthouse has not been subject to rent stabilization since its creation, when the building was converted from a purely commercial space to an almost exclusively residential space (except as to the ground...

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