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FLYNN v. RED APPLE 670 PAC. ST., LLC

Index No. 159187/20. Appeal No. 14889. Case No. 2021-02737.

200 A.D.3d 607 (2021)

161 N.Y.S.3d 35

2021 NY Slip Op 07510

Jason Flynn, Appellant, v. Red Apple 670 Pacific Street, LLC, Respondent.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Newman Ferrara LLP, New York ( Roger A. Sachar of counsel), for appellant.

Belkin Burden Goldman, LLP, New York ( Magda L. Cruz of counsel), for respondent.

Rosenberg & Estis, P.C., New York ( Jeffrey Turkel of counsel), for amici curiae.

Concur—Renwick, J.P., Oing, Singh, Scarpulla, Pitt, JJ.

The building at issue in this dispute received a temporary certificate of occupancy on August 8, 2016. On or about August 8, 2016, the building received a certification under Real Property Tax Law § 421-a (the 421-a program), which granted certain tax benefits to the building, and, in exchange, the building became subject to rent stabilization.

By rent-stabilized lease dated August 18, 2016, plaintiff Jason Flynn, as tenant, rented from defendant's predecessor...

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