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DOWNING v. FIRST LENOX

100725/10, 7662

107 A.D.3d 86 (2013)

965 N.Y.S.2d 9

2013 NY Slip Op 2853

ELISE DOWNING et al., Appellants, v. FIRST LENOX TERRACE ASSOCIATES et al., Respondents.

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

Decided April 25, 2013.

Attorney(s) appearing for the Case

Emery Celli Brinckerhoff & Abady LLP, New York City ( Matthew D. Brinckerhoff and Adam R. Pulver of counsel), and Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City ( William Gribben , David Hershey-Webb and Ronald S. Languedoc of counsel), for appellants.

Pryor Cashman LLP, New York City ( David C. Rose , Donald S. Zakarin and Todd E. Soloway of counsel), and Michael B. Kramer & Associates, New York City ( Michael B. Kramer of counsel), for respondents.

TOM, J.P., RENWICK and ABDUS-SALAAM, JJ., concur with ANDRIAS, J.; DEGRASSE, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

ANDRIAS, J.

In this putative class action, plaintiffs, 13 tenants or former tenants of a residential complex owned by defendants, allege that defendants unlawfully deregulated their apartments under the luxury decontrol provisions of Rent Stabilization Law (Administrative Code of City of NY) § 26-501 et seq., while receiving tax incentive benefits under the City of New York's J-51 program (see Roberts v Tishman Speyer...

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