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MATTER OF 97 WOOSTER CORP. v. NEW YORK CITY LOFT BOARD

56 A.D.3d 331 (2008)

868 N.Y.S.2d 170

In the Matter of 97 WOOSTER CORP., Petitioner, v. NEW YORK CITY LOFT BOARD, Respondent, and JANAN TOMKO, Intervenor-Respondent.

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

November 18, 2008.

Substantial evidence supports the finding that the former tenant sold the former owner only the improvements, and not the rights, to the loft (see generally Herlihy v New York City Loft Bd., 26 A.D.3d 184, 185 [2006]). Moreover, while petitioner contends that there was a sale of the rights to the loft and that that sale satisfied the criteria of 29 RCNY 2-10 and thus served to deregulate the loft, the evidence indicates that petitioner...

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