LATIPAC CORP. v. BMH REALTY

3609N, 101213/09, 610N

93 A.D.3d 115 (2012)

938 N.Y.S.2d 30

2012 NY Slip Op 737

LATIPAC CORP., Appellant, v. BMH REALTY LLC et al., Respondents.

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

Decided February 2, 2012.


Attorney(s) appearing for the Case

Goldberg Weprin Finkel Goldstein LLP, New York City ( Kevin J. Nash of counsel), for appellant.

Greenblatt & Agulnick, P.C., Great Neck ( Matthew W. Greenblatt of counsel), for respondents.

SWEENY, CATTERSON, RENWICK and ROMÁN, JJ., concur with FRIEDMAN, J.P.


OPINION OF THE COURT

FRIEDMAN, J.P.

The parties entered into an agreement for the purchase and sale of an apartment building for which the owner received J-51 tax benefits. The agreement included a representation that, as of its date, nine of the building's apartments were fair-market rental units; the owner had deemed those units deregulated pursuant to the luxury decontrol provisions of the Rent Stabilization Law. Before the transaction closed, this Court...

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