KUZMICH v. 50 MURRAY ST. LLC

Nos. 51, 50.

34 N.Y.3d 84 (2019)

132 N.E.3d 624

108 N.Y.S.3d 431

2019 NY Slip Op 05057

JOHN KUZMICH et al., Appellants, v. 50 MURRAY STREET ACQUISITION LLC, Respondent. WILLIAM T. WEST et al., Appellants, v. B.C.R.E.—90 WEST STREET, LLC, Respondent, et al., Defendant.

Court of Appeals of New York.

Decided June 25, 2019.


Attorney(s) appearing for the Case

Friedman Kaplan Seiler & Adelman LLP, New York City ( Robert S. Smith of counsel), and Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, New York City, for appellants in the first above-entitled action.

Holwell Shuster & Goldberg LLP, New York City ( James M. McGuire and Gregory Dubinsky of counsel), Latham & Watkins LLP, New York City ( Jonathan Lippman of counsel) and Washington, D.C. ( Michael E. Bern of the District of Columbia bar, admitted pro hac vice, of counsel), and Belkin Burden Wenig & Goldman, LLP, New York City ( Sherwin Belkin and Magda L. Cruz of counsel), for respondent in the first above-entitled action.

Collins, Dobkin & Miller, LLP, New York City ( Seth A. Miller , of counsel), for Metropolitan Council on Housing, amicus curiae in the first above-entitled action.

Rosenberg & Estis, P.C., New York City ( Alexander Lycoyannis , Luise A. Barrack and Nicholas Kamillatos of counsel), for The Real Estate Board of New York, amicus curiae in the first above-entitled action.

Friedman Kaplan Seiler & Adelman LLP, New York City ( Robert S. Smith , Christopher M. Colorado and Anil K. Vassanji of counsel), and Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, New York City ( Serge Joseph of counsel), for appellants in the second above-entitled action.

Belkin Burden Wenig & Goldman, LLP, New York City ( Magda L. Cruz , Sherwin Belkin , Joseph Burden and William Baney of counsel), for respondent in the second above-entitled action.


OPINION OF THE COURT

The question presented on these appeals is whether plaintiffs' apartments, which are located in buildings receiving tax benefits pursuant to Real Property Tax Law § 421-g, are subject to the luxury deregulation provisions of the Rent Stabilization Law (RSL)...

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