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CITY OF N.Y. v. 330 CONT. LLC

60 A.D.3d 226 (2009)

873 N.Y.S.2d 9

CITY OF NEW YORK et al., Respondents, v. 330 CONTINENTAL LLC et al., Appellants.

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

January 29, 2009.

Attorney(s) appearing for the Case

Loeb & Loeb LLP, New York City (David M. Satnick and Helen Gavaris of counsel), and Cozen O'Connor, New York City (Menachem J. Kastner of counsel), for 330 Continental LLC and others, appellants.

Herrick, Feinstein LLP, New York City (Scott E. Mollen and John P. Sheridan of counsel), and Miller & Barondess, LLP, Los Angeles, California (Robert H. Freilich of counsel), for 315 Montroyal LLC, appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Deborah A. Brenner, Barry P. Schwartz, Deborah Rand and Mary O'Sullivan of counsel), for respondent.

ANDRIAS, J.P., BUCKLEY, CATTERSON and ACOSTA, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

For the better part of a century, some of the units in three single room occupancy apartment hotels on the Upper West Side of Manhattan have been rented out as short-term accommodations for tourists and others temporarily staying in the City of New York. This appeal requires us to consider how this practice is affected by the complex web of rules formed by the City's zoning resolutions dating back to 1916, the Multiple Dwelling...

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