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HESS v. EDR ASSETS LLC

Index No. 160494/17. Appeal No. 492. Case No. 2022-04910.

217 A.D.3d 542 (2023)

191 N.Y.S.3d 386

2023 NY Slip Op 03307

Michele E. Hess et al., Respondents, v. EDR Assets LLC et al., Appellants.

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

Decided June 20, 2023.

Attorney(s) appearing for the Case

Katsky Korins LLP, New York ( Adrienne B. Koch of counsel), for appellants.

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

Concur—Webber, J.P., Oing, Gesmer, González, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered October 7, 2022, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion for summary judgment to the extent of directing application of the default formula for calculating the legal regulated rent of the apartments at issue under Rent Stabilization Code (RSC) (9 NYCRR) § 2522.6(b), unanimously reversed, on the law, without costs, and the motion denied.

While plaintiffs...

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