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MATTER OF 33 PROSPECT STREET CORP. v. NEW YORK STATE DIV. OF HOUSING AND COMMUNITY RENEWAL

15 A.D.3d 492 (2005)

789 N.Y.S.2d 444

In the Matter of 33 PROSPECT STREET CORP., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

February 14, 2005.

Ordered that the judgment is affirmed, with costs.

By orders dated December 13, 1985, and September 23, 1988, respectively, it was determined that a certain apartment occupied by the tenant since 1961 was subject to the Emergency Tenant Protection Act of 1974. Those proceedings were litigated by a prior owner of the building in privity with the petitioner who did not petition for further review. Collateral estoppel precludes...

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