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DERIN v. DIVISION OF HOUS. AND COMMUNITY RENEWAL

1461, 100763/14.

140 A.D.3d 514 (2016)

34 N.Y.S.3d 427

2016 NY Slip Op 04791

MICHAEL DERIN, Appellant, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, et al., Defendant.

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

Decided June 16, 2016.

It is undisputed that in 2005 plaintiff challenged the luxury deregulation of his apartment in a prior CPLR article 78 proceeding, alleging that the rents for the two adjoining units that he combined into one integrated unit were improper because there was no single lease for the entire living space. The record reflects that this claim was rejected by the court in the prior proceeding and petitioner's appeal was dismissed for failure...

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