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Century Tower Associates v. State of New York Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1993
189 A.D.2d 567 (N.Y. App. Div. 1993)

Opinion

January 5, 1993

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).


We have already determined that a rational basis exists for finding a garage rent overcharge and applying it to "all tenants of the building for whom garage service was provided in connection with the leasing or use of their apartment" (Matter of Netherland Operating Corp. v. Eimicke, 135 A.D.2d 352, 353, lv denied 71 N.Y.2d 802). The resulting 84 compliance orders, which were reviewed in the consolidated PAR challenged in this proceeding, similarly have a rational basis. The owner failed to disprove willful overcharge (see, Matter of Metz v Division of Hous. Community Renewal, 113 A.D.2d 758).

We have considered the owner's remaining arguments and find them to be without merit.

Concur — Sullivan, J.P., Carro, Wallach and Asch, JJ.


Summaries of

Century Tower Associates v. State of New York Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1993
189 A.D.2d 567 (N.Y. App. Div. 1993)
Case details for

Century Tower Associates v. State of New York Division of Housing & Community Renewal

Case Details

Full title:CENTURY TOWER ASSOCIATES, Appellant, v. STATE OF NEW YORK DIVISION OF…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 5, 1993

Citations

189 A.D.2d 567 (N.Y. App. Div. 1993)

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