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ENGHOLM v. AIMCO 240 W. 73RD ST., LLC

Index No. 155328/20. Appeal No. 752. Case No. 2023-01197.

220 A.D.3d 481 (2023)

196 N.Y.S.3d 82

2023 NY Slip Op 05186

Brandon Engholm et al., Respondents, v. AIMCO 240 West 73rd Street, LLC, et al., Appellants, et al., Defendant.

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

Decided October 12, 2023.

Attorney(s) appearing for the Case

Belkin, Burden, Goldman, LLP, New York ( Magda L. Cruz of counsel), for appellants.

Himmelstein McConnell Gribben & Joseph LLP, New York ( David Hershey-Webb of counsel), for respondents.

Concur—Webber, J.P., Kern, Singh, Scarpulla, Rosado, JJ.

Order, Supreme Court, New York County (Richard Latin, J), entered September 20, 2022, which, to the extent appealed from as limited by the briefs, denied defendants' summary judgment motion on their counterclaim for a declaratory judgment that the subject apartment is exempt from the Rent Stabilization Law, with leave to refile upon the completion of discovery, unanimously affirmed, without costs.

Defendants made out a prima facie case for summary judgment by submitting...

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