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ROSA v. KOSCAL 59, LLC

6827, 151687/16.

162 A.D.3d 466 (2018)

74 N.Y.S.3d 746

2018 NY Slip Op 04109

Ieda Rosa, Respondent, v. Koscal 59, LLC, Appellant.

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

Decided June 7, 2018.

Contrary to defendant's contention, this action is not a fair market rent appeal and the apartment's rental history may be examined beyond four years to determine its rent-stabilization status (see Olsen v Stellar W. 110, LLC, 96 A.D.3d 440, 441-442 [1st Dept 2012], lv dismissed 20 N.Y.3d 1000 [2013]; Gersten v 56 7th Ave. LLC, 88 A.D.3d 189, 199...

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