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MONTERA v. KMR AMSTERDAM LLC

Index. No. 160550/17. Appeal No. 12046. Case No. 2019-5143.

193 A.D.3d 102 (2021)

142 N.Y.S.3d 24

2021 NY Slip Op 00805

KEN MONTERA, on Behalf of Himself and All Others Similarly Situated, Respondent, v. KMR AMSTERDAM LLC, Appellant.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York City ( Paul N. Gruber of counsel), for appellant.

Newman Ferrara, LLP, New York City ( Roger A. Sachar, Jr. , Lucas A. Ferrara and Jarred I. Kassenoff of counsel), for respondent.

KENNEDY and MENDEZ, JJ., concur with SINGH, J.; GISCHE, J.P., dissents in part in a separate opinion.

OPINION OF THE COURT

The primary issue on this appeal is whether defendant's alleged illegal scheme to deregulate the subject apartment after Roberts v Tishman Speyer Props., L.P. (13 N.Y.3d 270 [2009]) and Gersten v 56 7th Ave. LLC (88 A.D.3d 189<...

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