IN RE: Application of CENPARK REALTY CO. (1999)

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

IN RE: Application of CENPARK REALTY CO., Petitioner-Appellant, For a Judgment, etc., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent, 360 Central Park West Tenants Association, Intervenor Respondent-Respondent.

Decided: January 28, 1999

WILLIAMS, J.P., LERNER, RUBIN and SAXE, JJ.

James R. Marino, for petitioner-appellant. Jan C. Rose, for respondent. William Gribben, for intervenor respondent.

Order and judgment (one paper), Supreme Court, New York County (William McCooe, J.), entered on or about August 3, 1998, which denied petitioner landlord's application to annul respondent DHCR's determination denying petitioner a major capital improvement rent increase for certain pointing, waterproofing, and roof replacement work, and dismissed the petition, unanimously affirmed, without costs.

Respondent's finding that the work in question was not done on a building-wide basis and did not inure to the benefit of all tenants, as required by Rent Stabilization Code (9 NYCRR) § 2522.4(a)(2)(i)(c) in order to qualify as a major capital improvement, has ample support in the record, including tenant complaints of continuing leaks and water damage, the contractor's statement that it worked on only a portion of the building, and the fact that additional pointing work was subsequently performed (see, Matter of Garden Bay Manor Assocs. v. DHCR, 150 A.D.2d 378, 540 N.Y.S.2d 665).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network