NESTOR v. BRITT

570385/07.

35 Misc.3d 5 (2012)

941 N.Y.S.2d 827

2012 NY Slip Op 22034

MARIANNE NESTOR et al., Appellants, v. THOMAS BRITT, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

Decided February 16, 2012.


Attorney(s) appearing for the Case

Sperber Denenberg & Kahan, P.C., New York City ( Steven B. Sperber of counsel), for appellants.

Hiscock & Barclay LLP, New York City ( Todd V. Lamb of counsel), for respondent.

SCHOENFELD, J.P., HUNTER, JR. and TORRES, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Orders, entered, respectively, April 14, 2010 and August 5, 2010, affirmed, with one bill of $10 costs.

We agree, essentially for reasons stated by Civil Court, that petitioner landlords are barred from maintaining the within owner use holdover proceeding based upon their demonstrated failure to comply with the equivalent housing requirements of Rent Stabilization Code (9 NYCRR) § 2524.4 (a) (2). The cited Code...

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