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MATTER OF B.G.R. REALTY LLC v. STEIN

Index No. 570234/19. L & T 38035/18. Appeal No. 13731. Case No. 2020-02630.

194 A.D.3d 634 (2021)

2021 NY Slip Op 03367

In the Matter of B.G.R. Realty LLC, Respondent, v. Michael Stein, Appellant, and Martin Stein et al., Respondents.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

Bronx Legal Services, Bronx ( Jean-Pierre Brutus of counsel), for appellant.

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

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.

At the time the subject apartment was vacated in August 2011 by a previous tenant, who had a preferential rent, petitioner landlord was entitled to apply the relevant vacancy and guidelines increase permitted under the Rent Act of 2011 (L 2011, ch 97, § 1, part B) before calculating whether the rent for the apartment reached the high rent vacancy deregulation threshold of $2,500 then in effect (see Matter of 233 E. 5th...

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