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COLLAZO v. NETHERLAND PROPERTY ASSETS LLC

No. 5.

35 N.Y.3d 987 (2020)

149 N.E.3d 30

125 N.Y.S.3d 337

2020 NY Slip Op 02128

DANIEL COLLAZO et al., Appellants, v. NETHERLAND PROPERTY ASSETS LLC et al., Respondents.

Court of Appeals of New York.

Decided April 2, 2020.

Attorney(s) appearing for the Case

Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, New York City ( Ronald S. Languedoc and Jesse Gribben of counsel), for appellants.

Katsky Korins LLP, New York City ( Adrienne B. Koch , Mark Walfish , Elan R. Dobbs and Haley E. Adams of counsel), and Kucker & Bruh, LLP, New York City ( James R. Marino of counsel), for respondents.

Legal Services NYC, Brooklyn ( Edward Josephson of counsel), and Seymour James , The Legal Aid Society, New York City ( Judith Goldiner , Jennifer Levy and Ellen Davidson of counsel), for Legal Services NYC and others, amid curiae.

Rosenberg & Estis, P.C., New York City ( Jeffrey Turkel of counsel), for Rent Stabilization Association of NYC, Inc., and another, amici curiae.

Jeanette Zelhof , Mobilization for Justice, New York City ( Evan Denerstein and Carolyn E. Coffey of counsel), and CAMBA Legal Services, Inc., Brooklyn ( Matthew Schedler of counsel), for Brooklyn Bar Association Volunteer Lawyers Project and others, amici curiae.

Letitia James , Attorney General, New York City ( Ester Murdukhayeva , Barbara D. Underwood and Steven C. Wu of counsel), for New York State Division of Housing and Community Renewal and another, amici curiae.

Newman Ferrara LLP, New York City ( Roger Sachar , Lucas A. Ferrara and Jarred I. Kassenoff of counsel), for Lawrence Chaifetz and others, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum and as so modified affirmed.

Plaintiffs are 30 current or former tenants of 18 apartments in a building currently owned and operated by defendants. The building is subject to the Rent Stabilization Law. From 1990-2016, defendants and their predecessors received J-51 tax benefits pursuant to Administrative Code...

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