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MATTER OF 54/55 SIXTH REALTY CORP. v. Leventhal

366 N.E.2d 1352, 42 N.Y.2d 935, 397 N.Y.S.2d 998, 1977 N.Y. LEXIS 2264
CourtNew York Court of Appeals
DecidedJune 30, 1977
StatusPublished
Cited by7 cases

This text of 366 N.E.2d 1352 (MATTER OF 54/55 SIXTH REALTY CORP. v. Leventhal) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MATTER OF 54/55 SIXTH REALTY CORP. v. Leventhal, 366 N.E.2d 1352, 42 N.Y.2d 935, 397 N.Y.S.2d 998, 1977 N.Y. LEXIS 2264 (N.Y. 1977).

Opinion

Memorandum. The order of the Appellate Division should be affirmed.

Although the certificate of occupancy did not authorize the owner to divide the penthouse into two apartments, the respondent’s records show that this condition had existed, had *937 been reported, and had been a matter of record ever since 1944. The New York City Rent and Eviction Regulations (§ 88, subd a) permits the respondent to revoke his order upon a showing of "illegality, irregularity in vital matters, or fraud.” However we agree with the Appellate Division that respondent’s failure to discover facts within its own files after so extraordinary a length of time is not the type of irregularity contemplated by section 88 of the regulations.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.

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Bluebook (online)
366 N.E.2d 1352, 42 N.Y.2d 935, 397 N.Y.S.2d 998, 1977 N.Y. LEXIS 2264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-5455-sixth-realty-corp-v-leventhal-ny-1977.