Rickman Realty Corp. v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York

Rickman Realty Corp. v. New York State Division of Housing & Community Renewal

299 A.D.2d 552, 750 N.Y.S.2d 518

Appellate Division of the Supreme Court of the State of New York·Decided November 25, 2002·Published·Cited by 2 cases

Opinion

Ordered that the judgment is affirmed, with costs.

[553]*553Contrary to the petitioner’s contention, the New York State Division of Housing and Community Renewal (hereinafter the DHCR) reasonably and rationally determined that the installation of windows in a defective and unworkmanlike manner was not a “major capital improvement,” notwithstanding the passage of time between the installation of the windows and the DHCR’s inspection (Rent Stabilization Code [9 NYCRR] § 2522.4 [a] [2]; see Matter of Ansonia Residents Assn, v New York State Div. of Hous. & Community Renewal, 75 NY2d 206; Matter of 36-08 Queens Realty v New York State Div. of Hous. & Community Renewal, 222 AD2d 440; Matter of Wesley Ave. Assoc, v New York State Div. of Hous. & Community Renewal, Off. of Rent Admin., 206 AD2d 378; Matter of West Vil. Assoc, v Division of Hous. & Community Renewal, 277 AD2d 111; Matter of Simkowitz v New York State Div. of Hous. & Community Renewal, 256 AD2d 51). Feuerstein, J.P., Smith, O’Brien and Adams, JJ., concur.

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Ordered that the judgment is affirmed, with costs.

[553]*553Contrary to the petitioner’s contention, the New York State Division of Housing and Community Renewal (hereinafter the DHCR) reasonably and rationally determined that the installation of windows in a defective and unworkmanlike manner was not a “major capital improvement,” notwithstanding the passage of time between the installation of the windows and the DHCR’s inspection (Rent Stabilization Code [9 NYCRR] § 2522.4 [a] [2]; see Matter of Ansonia Residents Assn, v New York State Div. of Hous. & Community Renewal, 75 NY2d 206; Matter of 36-08 Queens Realty v New York State Div. of Hous. & Community Renewal, 222 AD2d 440; Matter of Wesley Ave. Assoc, v New York State Div. of Hous. & Community Renewal, Off. of Rent Admin., 206 AD2d 378; Matter of West Vil. Assoc, v Division of Hous. & Community Renewal, 277 AD2d 111; Matter of Simkowitz v New York State Div. of Hous. & Community Renewal, 256 AD2d 51). Feuerstein, J.P., Smith, O’Brien and Adams, JJ., concur.

Rickman Realty Corp. v. New York State Division of Housing & Community Renewal, 299 A.D.2d 552, 750 N.Y.S.2d 518 (N.Y. Ct. App. 2002).

Pincite

299 A.D.2d 552 (Rickman Realty Corp. v. New York State Division of Housing & Community Renewal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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