Opinion
November 13, 1997
Appeal from the Supreme Court, New York County (David Saxe, J.).
With the possible exception of its finding of an "unlevel" floor, as to which respondent's request for a remand in order to reconsider should have been granted, respondent's determination is in all respects rationally based. Petitioner had notice of the "no-access" inspection but chose to ignore it. No basis exists for second-guessing respondent's evaluation of the reduction in the rental value of the premises resulting from the decrease in services. The complaint gave notice of those conditions for which rent reductions were ordered.
Concur — Sullivan, J. P., Milonas, Wallach, Williams and Tom, JJ.