COSTANZO v. JOSEPH ROSEN FOUND., INC.

10544. 150904/17.

178 A.D.3d 501 (2019)

114 N.Y.S.3d 336

2019 NY Slip Op 08928

Thomas Costanzo et al., Respondents, v. The Joseph Rosen Foundation, Inc., Appellant.

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

Decided December 12, 2019.


Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, LLP, New York ( Lisa Gallaudet of counsel), for appellant.

David E. Frazer , New York, for respondents.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.


In or about January 1983, defendant's predecessor registered the building it owned as a deregulated interim multiple dwelling (IMD) with the New York City Loft Board under article 7C of the Multiple Dwelling Law (the Loft Law). In 1997, defendant purchased the loft rights to the subject unit from plaintiffs' predecessor in interest under Multiple Dwelling Law § 286 (12), and rented the unit as a residential space to plaintiffs...

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