LIGGETT v. LEW REALTY LLC

Index No. 160420/21. Appeal No. 16493. Case No. 2022-01973.

211 A.D.3d 473 (2022)

180 N.Y.S.3d 115

2022 NY Slip Op 07000

K.E. Liggett, Respondent, v. Lew Realty LLC, Appellant.

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

Decided December 8, 2022.


Attorney(s) appearing for the Case

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

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

Concur—Gische, J.P., Kern and Scarpulla, JJ.


Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about April 8, 2022, which denied defendant's motion to dismiss the complaint, reversed, on the law, without costs, the motion is granted and the complaint dismissed.

Plaintiff, the current tenant of the subject apartment, commenced this action seeking a declaration that her tenancy is subject to the Rent Stabilization Law (RSL) and that the premises were illegally decontrolled in 2000 when defendant...

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