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MATTER OF FIRST NY LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 155909/21. Appeal No. 16288. Case No. 2022-00687.

208 A.D.3d 1095 (2022)

175 N.Y.S.3d 23

2022 NY Slip Op 05269

In the Matter of First NY LLC, Appellant, v. New York State Division of Housing and Community Renewal et al., Respondents.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Cyrulnik Fattaruso LLP, New York ( Jason Cyrulnik of counsel), for appellant.

Mark F. Palomino , New York ( Sandra A. Joseph of counsel), for New York State Division of Housing and Community Renewal, respondent.

Law Offices of Fred L. Seeman, New York ( Peter Kirwin of counsel), for Greg Marshall, respondent.

Concur—Manzanet-Daniels, J.P., Friedman, Scarpulla, Mendez, JJ.

The Rent Stabilization Law authorizes the Rent Stabilization Code to permit an owner to refuse to renew a lease "where [the owner] intends in good faith to demolish the building and has obtained a permit therefor from the department of buildings" (Administrative Code of City of NY § 26-511[c][9][a]). Consistent with that provision, Rent Stabilization Code (9 NYCRR) § 2524.5(a)(2)(i) permits an "owner seek[ing] to demolish...

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