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GAIA BY THE PARK LLC v. NEAR

570749/12.

40 Misc.3d 86 (2013)

971 N.Y.S.2d 643

2013 NY Slip Op 23257

GAIA BY THE PARK LLC, Appellant, v. ALEXANDER NEAR, Respondent.

Supreme Court, Appellate Term, First Department.

Decided July 31, 2013.

Attorney(s) appearing for the Case

Kossoff & Unger, New York City ( Joseph Goldsmith of counsel), for appellant.

Poch & Luckow, P.C., New York City ( Howard Poch of counsel), for respondent.

OPINION OF THE COURT

Per Curiam.

Final judgment, entered on or about April 4, 2012, affirmed, with $25 costs.

The trial court properly determined, based on the stipulated set of documents upon which the case was submitted by the parties, that the subject six-story building was completed prior to January 1, 1974, and thus is subject to rent stabilization coverage (see Rent Stabilization Code [9 NYCRR] § 2520.11 [c]). The initial temporary...

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