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CORCORAN v. NARROWS BAYVIEW CO., LLC

9206. 104549/10.

183 A.D.3d 511 (2020)

2020 NY Slip Op 03061

Ethel H. Corcoran et al., Appellants, v. Narrows Bayview Company, LLC, Respondent.

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

Decided May 28, 2020.

Plaintiffs' rent-stabilized apartment could not be deregulated pursuant to luxury decontrol laws during the period the building was receiving J-51 tax benefits (Roberts v Tishman Speyer Props., L.P., 13 N.Y.3d 270 [2009]; Gersten v 56 7th Ave. LLC, 88 A.D.3d 189 [1st Dept 2011]). Given the lack of evidence that defendant engaged in fraud in deregulating the apartment, plaintiffs' claims...

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