Rosa v. Koscal 59, LLC
This text of 2018 NY Slip Op 4109 (Rosa v. Koscal 59, LLC) 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.
Opinion
| Rosa v Koscal 59, LLC |
| 2018 NY Slip Op 04109 |
| Decided on June 7, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 7, 2018
Renwick, J.P., Richter, Webber, Kern, Moulton, JJ.
6827 151687/16
v
Koscal 59, LLC, Defendant-Appellant.
Rosenblum & Bianco, LLP, Rockville Centre (John Bianco of counsel), for appellant.
Sokolski & Zekaria, P.C., New York (Robert E. Sokolski of counsel), for respondent.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered January 11, 2018, which, in this action seeking, inter alia, a declaration that the subject apartment is rent-stabilized, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Contrary to defendant's contention, this action is not a fair market rent appeal and the apartment's rental history may be examined beyond four years to determine its rent-stabilization
status (see Olsen v Stellar W. 110, LLC, 96 AD3d 440, 441-442 [1st Dept 2012], lv dismissed 20 NY3d 1000 [2013]; Gersten v 56 7th Ave. LLC, 88 AD3d 189, 199-200 [1st Dept 2011]).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JUNE 7, 2018
CLERK
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