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HIRSCH v. STEWART

63 A.D.3d 74 (2009)

877 N.Y.S.2d 285

MORTON M. HIRSCH, Appellant, v. ELAINE STEWART, Respondent, et al., Respondents.

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

Decided April 23, 2009.

Attorney(s) appearing for the Case

Silversmith & Veraja, LLP, New York City (Robert G. Silversmith and Rachel A Siskind of counsel), for appellant.

Housing Conservation Coordinators, Inc., New York City (Susan K. Crumiller of counsel), for respondent.

SAXE, FRIEDMAN, ACOSTA and DEGRASSE, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

On this appeal we must determine whether Rent Stabilization Code (RSC) (9 NYCRR) § 2524.2 (b) requires an owner who seeks to occupy an apartment for his own use, pursuant to RSC § 2524.4 (a), to state the facts underlying his decision in the nonrenewal notice.

Appellant landlord is the owner of the building known as 459 West 43rd Street. Respondent has been a rent-stabilized tenant in apartment 1A in...

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