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LITE VIEW, LLC v. DHCR

108090/10, 5597.

97 A.D.3d 105 (2012)

945 N.Y.S.2d 49

2012 NY Slip Op 4087

In the Matter of LITE VIEW, LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

May 24, 2012.

Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City ( Robert H. Berman of counsel), for appellant.

Gary R. Connor , New York City ( Martin B. Schneider and Patrice Huss of counsel), for respondent.

RENWICK, FREEDMAN and MANZANET-DANIELS, JJ., concur with TOM, J.P.; CATTERSON, J., dissents in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

The issue raised on this appeal is whether petitioner owner's proposed installation of an elevator shaft within a tenant's apartment will change the shape and character of the dwelling space and materially affect the tenant's use and enjoyment of that space in contravention of the rent laws.

Owner acquired the premises known as 218 East 84th Street in Manhattan by an indenture dated April 14, 2009. The building is described...

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