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TIMKOVSKY v. 56 BENNETT, LLC

23 Misc.3d 997 (2009)

YEVGENVIYA TIMKOVSKY et al., Plaintiffs, v. 56 BENNETT, LLC, et al., Defendants.

Supreme Court, New York County.

Decided February 17, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Steven Banks, Adriene Holder, Scott Rosenberg, Judith Goldiner and Robert Desir Jr. of counsel), and Cadwalader, Wickersham & Taft LLP, New York City (Stacey A. Lara, Ryan J. Andreoli, Anthony Antonelli and Gillian P. Groarke of counsel), for plaintiffs.

Belkin Burden Wenig & Goldman, LLP (Magda Cruz and Edward Baer of counsel) for 56 Bennett, LLC, and others, defendants.

Sontag and Hyman, P.C., Roslyn Heights, for 34 Realty LLC, defendant.

Law Office of John Ciurcina, Garden City, for 1560 LLC, defendant.

Horing Welikson & Rosen, P.C. (Niles C. Welikson of counsel), for Arbern 315 Ocean Parkway, LLC, defendant.

OPINION OF THE COURT

EMILY JANE GOODMAN, J.

Plaintiffs receive Section 8 vouchers pursuant to 42 USC § 1437 et seq., and have asked their landlords, who all receive J-51 tax abatements, to accept their vouchers. The J-51 law contains a provision which explicitly bars certain economic discrimination by landlords who receive public benefits in the form of tax abatements (Administrative Code of City of NY § 11-243 [k]). The landlord defendants...

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