Leight v W7879 LLC

Leight v W7879 LLC 2016 NY Slip Op 02126 Decided on March 24, 2016 Court of Appeals 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 March 24, 2016
No. 102 SSM 4

[*1]Douglas L. Leight, et al., Plaintiffs, John H. Masten, Appellant,

v

W7879 LLC, et al., Respondents.

Submitted by Seth A. Miller, for appellant.

Submitted by Patrick K. Munson, for respondents.

Metropolitan Council on Housing, amicus curiae.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered upon the ground that it is unnecessary. Plaintiff John H. Masten failed to establish that his apartment, which was de-regulated in 2000 by an unchallenged order of the Division of Housing and Community Renewal, became re-regulated when he executed a renewal lease at market rate. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided March 24, 2016