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BALAY v. MANHATTAN 140 LLC

Index No. 160204/19. Appeal No. 15722-15722A. Case No. 2021-01863.

204 A.D.3d 491 (2022)

167 N.Y.S.3d 62

2022 NY Slip Op 02490

Kirk Balay et al., Appellants, v. Manhattan 140 LLC, Respondent, et al., Defendant.

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

Decided April 14, 2022.

Attorney(s) appearing for the Case

Grimble & LoGuidice, LLP, New York ( Robert Grimble , of counsel) for appellants.

James P. Demetriou , Mineola, for respondent.

Concur—Acosta, P.J., Kern, González, Shulman, JJ.

Plaintiffs allege that they lived in two apartments in a walk-up building located at 461 West 140th Street in Manhattan for over 10 years before it was acquired by Owner in May of 2018. At the time Owner acquired the building, it had eight residential units, including three SRO units. In 2019, HPD issued notices of violations directing the Owner to correct various unsafe conditions in the building and also directed Owner to file plans and an application to obtain a certificate...

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