GOURIN v. 72A REALTY ASSOC., L.P.

Index No. 152698/22, Appeal No. 2023, Case No. 2023-04012.

2024 NY Slip Op 01985

TESSA GOURIN, Plaintiff-Appellant, v. 72A REALTY ASSOCIATES, L.P., Defendant-Respondent.

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

Decided April 11, 2024.


Attorney(s) appearing for the Case

SDK Heiberger LLP, New York ( Steven B. Sperber of counsel), for appellant.

Joel M. Zinberg , New York, for respondent.

Before: Oing, J.P., Friedman, Kapnick, Scarpulla, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Paul A. Goetz, J.), entered July 27, 2023, which granted defendant landlord's motion to dismiss the complaint seeking a declaration that plaintiff's apartment is rent stabilized, treble damages for rent overcharges, and attorneys' fees, unanimously modified, on the law, to the extent of declaring that plaintiff's apartment is not rent stabilized, and otherwise affirmed, without costs.

Supreme Court correctly held that the apartment...

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