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PERLROSE REALTY v. LOFT BD.

145 A.D.2d 159 (1989)

In the Matter of Perlrose Realty Corp., Respondent, v. New York City Loft Board, Appellant, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 9, 1989

Attorney(s) appearing for the Case

Ronnie Dane of counsel (Pamela Seider Dolgow with her on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for appellant.

David R. Brody of counsel (Suzanne R. Albin with him on the brief; Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., attorneys), for respondent.

ELLERIN and SMITH, JJ., concur with SULLIVAN, J; KUPFERMAN, J. P., and KASSAL, J., dissent and would affirm for the reasons stated by FREEDMAN, J.

SULLIVAN, J.

In this CPLR article 78 proceeding the landlord challenges a Loft Board determination, after a hearing, fixing the value of improvements added by the tenant to the loft unit and finding the landlord guilty of harassment based on its offer to buy the improvements for an amount far below market value. The motion court upheld the Loft Board's determination as to the value of the improvements, but remanded...

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