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LEONARD v. NYS DIV. OF HOUS.

100887/17, 9787.

178 A.D.3d 92 (2019)

2019 NY Slip Op 08165

In the Matter of LEONARD STREET PROPERTIES GROUP, LTD., Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and JAMIE LAWENDA, Intervenor-Appellant.

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

Decided November 12, 2019.

Attorney(s) appearing for the Case

Ween & Kozek, PLLC, Brooklyn ( Andrew D. Cassady and Michael P. Kozek of counsel), for appellant.

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

RICHTER, J.P., GESMER, KERN and MOULTON, JJ. concur.

OPINION OF THE COURT

On this appeal from an order permitting petitioner landlord to eliminate elevator service in a residential building, we reverse based on statutory and regulatory constraints which leave no room for equitable treatment outside of the requirements of the Rent Stabilization Code, with some necessary reference...

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