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Legal Cases & Papers: U or P court case: Owners Appeal
Posted on Thursday, July 29 @ 22:07:17 CDT by sue

The owners of 16 former Mitchell-Lamas have appealed the lower court ruling in the joint "Columbus 95 / Highbridge House" cases.

In the lower court, Justice Alice Schlesinger held valid DHCR's regulations that say that just leaving Mitchell-Lama is not a "unique or peculiar circumstance" that would justify a rent increase in pre-1974 buildings.

The building owners appealed to the mid-level state court for Manhattan and the Bronx, the Appellate Division, First Department. The owners filed their brief on July 12, 2010, and the Columbus 95 (Columbus House) tenants association and DHCR have until September, 8, 2010 to respond.

The Appellate Division halted ("stayed") any DHCR action on the pending "unique or peculiar" increase applications while the suit continues before that court.

Click here for a chart of the case to date.

Click on "read more" for details.

Click here to have the owners' brief sent to you. The buildings involved in the lawsuit are:

Columbus 95 case: Columbus House, 95 West 95th St.

Highbridge House case:
Boulevard Towers I (now Stellar 2020 LLC)
Bruckner Towers (now Stellar Bruckner LLC)
Central Park Gardens (now West 97th St. Realty Corp.)
Columbus Manor LLC
Dancia - 1889 Sedgwick (now Stellar Sedgwick LLC)
Janel Towers LLC
Hempstead Plaza (now Hempstead Stellar Plaza LLC)
Highbridge House (now Highbridge House Ogden LLC)
New Amsterdam (now Axton)
Noble Mansion (now Noble Mansion Associates LLC)
River Park (now Stellar Morrison LLC)
Town House West Apts (now Town House West , LLC)
Undercliff (now Stellar Undercliff LLC)
Westview (now 765 Amsterdam Ave LLC)
Westwood House, LLC


 
Related Links
· Rose Memo to DHCR for Central Park Gardens
· Amicus brief to Court of Appeals
· Finding a lawyer
· Gluck's Article 78 - Tenant Association briefs
· Landlords Fighting on Several Fronts
· Gluck-Witkoff Lawsuits Against DHCR on U or P
· Tivoli Towers stays affordable
· U or P lawsuit - latest developments
· Court Blocks Landlords from Withdrawing in U or P Case
· Highbridge House Tenants Cross-Move for Summary Judgment
· Indep. Plaza wins interim court victory on J-51
· J-51 Stuy Decision to be appealed
· ''U or P'' Highbridge House /Columbus 95 lawsuit hearing
· Castleton Pk Tenants win Victory Against Gluck
· State Sup. Ct. denies Landlords' U or P Claims
· State's High Court: No Destabilization under J-51
· US Court sides with Castleton & HUD
· U or P court case: Owners Appeal
· Ind. Pl. tenants win this round on J-51
· U or P case: Tenants brief filed
· More about Legal Cases & Papers


Most read story about Legal Cases & Papers:
Landlords Fighting on Several Fronts


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