BPIII-548 WEST 164TH STREET LLC v. GARCIA

Nos. 5845, 570479/09.

95 A.D.3d 428 (2012)

943 N.Y.S.2d 483

2012 NY Slip Op 3511

BPIII-548 WEST 164TH STREET LLC, Respondent, v. JOSE GARCIA, Appellant.

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

Decided May 3, 2012.


Petitioner brought this nonpayment proceeding in 2007, after buying the building in which respondent is a tenant, and having no knowledge of the arrangement between respondent and the previous owner. The tenant resided in apartment 6C since moving into the building in 1958. At the time of tenant's application for the senior citizen rent increase exemption program in 2001, the legal rent for apartment 6C was $388.29. Tenant's share of that rent was set at $358. The record...

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