CROCKETT v. 351 ST. NICHOLAS AVE. LLC

10771, 159061/17.

179 A.D.3d 486 (2020)

117 N.Y.S.3d 49

2020 NY Slip Op 00240

Scott Crockett, Respondent, v. 351 St. Nicholas Avenue LLC, Appellant.

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

Decided January 14, 2020.


The motion court correctly determined that defendant's receipt of J-51 tax benefits for the building during plaintiff's tenancy conferred rent-stabilized status on his apartment for at least the duration of his occupancy (Roberts v Tishman Speyer Props., L.P., 13 N.Y.3d 270 [2009]). Even if the building briefly lost its rent-regulated status under Rent Stabilization Law (Administrative Code of City of NY) § 26-403(e)(2)(f) following...

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