Matter of Nardo v. New York City Loft Board

Full title: In the Matter of LOU NARDO, Appellant, v. NEW YORK CITY LOFT BOARD…

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

Date published: Mar 31, 1994

202 A.D.2d 364 (N.Y. App. Div. 1994)

612 N.Y.S.2d 826

Opinion

March 31, 1994

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

Petitioner's challenge to the Loft Board's determination that the cost of restoring elevator service would be borne by the tenants was properly dismissed since the Loft Board was precluded from reaching and in fact did not reach this issue in the context of a proceeding pursuant to 29 RCNY 2-01 (d) (2) (vii) (B) (b). Rather, the Loft Board offered the tenants a right to waive the requirement that the owner provide this service upon the ground that it might ultimately be determined that some of the costs of restoring elevator service would be shifted to the tenants (see, Multiple Dwelling Law § 286). We decline to consider petitioner's additional arguments advanced for the first time on appeal.

Concur — Murphy, P.J., Ellerin, Kupferman, Ross and Tom, JJ.