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MATTER OF 16 CYPRESS AVE REALTY LLC v. NEW YORK CITY LOFT BD.

Index No. 158634/21. Appeal No. 17666. Case No. 2022-01225.

215 A.D.3d 418 (2023)

187 N.Y.S.3d 597

2023 NY Slip Op 01838

In the Matter of 16 Cypress Ave Realty LLC, Appellant, v. New York City Loft Board et al., Respondents. Hailey Desjardins, Nonparty Respondent.

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

Decided April 6, 2023.

Attorney(s) appearing for the Case

Smith & Shapiro, New York ( Harry Shapiro , of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Antonella Karlin , of counsel), for New York City Loft Board and The City of New York, respondents.

Goodfarb & Sandercock, LLP, New York ( Elizabeth Sandercock , of counsel), for Hailey Desjardins, respondent.

Concur—Renwick, A.P.J., Kapnick, Friedman, Moulton, Kennedy, JJ.

Judgment (denominated an order), Supreme Court, New York County (Laurence Love, J.), entered February 14, 2022, denying the petition to annul the July 16, 2020 determination of respondent New York City Loft Board, which, after a hearing, found that nonparty respondent was a protected occupant under article 7-C of the Multiple Dwelling Law (Loft Law) of an apartment in petitioner landlord's building and that the unit was not deregulated by a prior tenant's purported sale of...

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