Digby Management Co. v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York

Digby Management Co. v. New York State Division of Housing & Community Renewal

189 A.D.2d 554, 592 N.Y.S.2d 20, 1993 N.Y. App. Div. LEXIS 7

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1993

StatusPublished

This text of 189 A.D.2d 554 (Digby Management Co. v. New York State Division of Housing & Community Renewal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Digby Management Co. v. New York State Division of Housing & Community Renewal, 189 A.D.2d 554, 592 N.Y.S.2d 20, 1993 N.Y. App. Div. LEXIS 7 (N.Y. Ct. App. 1993).

Pincite

Opinion

Judgment, Supreme Court, New York County (Stanley Sklar, J.), entered May 14, 1992, which in a proceeding pursuant to CPLR article 78 to annul respondent’s determination that the buildings in question constitute a "horizontal multiple dwelling” subject to the Rent Stabilization Law, denied the application and dismissed the petition, unanimously affirmed, without costs.

A rational basis exists for respondent’s finding of a horizontal multiple dwelling, the record showing inter alia, a history of common ownership, a common heating system, a common meter for lighting in all public areas, a common chimney, a common facade and roofs, and combined tax, sewer and water bills for the subject premises that were paid by a common owner since 1978 (Matter of Salvati v Eimicke, 72 NY2d 784). A court may not substitute its judgment for that of the agency acting pursuant to its legislative authority in the area of its expertise (Matter of Mid-State Mgt. Corp. v New York City Conciliation & Appeals Bd., 112 AD2d 72, affd 66 NY2d 1032). We have reviewed petitioner’s remaining claims and find them to be without merit. Concur—Murphy, P. J., Milonas, Ross and Rubin, JJ.

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Judgment, Supreme Court, New York County (Stanley Sklar, J.), entered May 14, 1992, which in a proceeding pursuant to CPLR article 78 to annul respondent’s determination that the buildings in question constitute a "horizontal multiple dwelling” subject to the Rent Stabilization Law, denied the application and dismissed the petition, unanimously affirmed, without costs.

A rational basis exists for respondent’s finding of a horizontal multiple dwelling, the record showing inter alia, a history of common ownership, a common heating system, a common meter for lighting in all public areas, a common chimney, a common facade and roofs, and combined tax, sewer and water bills for the subject premises that were paid by a common owner since 1978 (Matter of Salvati v Eimicke, 72 NY2d 784). A court may not substitute its judgment for that of the agency acting pursuant to its legislative authority in the area of its expertise (Matter of Mid-State Mgt. Corp. v New York City Conciliation & Appeals Bd., 112 AD2d 72, affd 66 NY2d 1032). We have reviewed petitioner’s remaining claims and find them to be without merit. Concur—Murphy, P. J., Milonas, Ross and Rubin, JJ.

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Bluebook (online)

189 A.D.2d 554, 592 N.Y.S.2d 20, 1993 N.Y. App. Div. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/digby-management-co-v-new-york-state-division-of-housing-community-nyappdiv-1993.

Opinion

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