Appellate Division of the Supreme Court of New York, 1997

Levine v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York · Decided October 28, 1997

243 A.D.2d 373; 663 N.Y.S.2d 205; 1997 N.Y. App. Div. LEXIS 10785

Cases that cite this one

6 later published cases cite this decision.

Lacher v. New York State Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 2006)
Gilman v. New York State Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 2002)
Sherry House Associates v. New York State Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 2000)
Argo Corp. v. New York State Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 1999)
Argo Corp v. New York State Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 1999)
Notre Dame Leasing v. Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judgment, Supreme Court, New York County (Elliott Wilk, J.), entered March 20, 1997, dismissing petitioner tenant’s application pursuant to CPLR article 78 to annul respondent agency’s award to intervenor landlord of a major capital improvement rent increase, unanimously affirmed, without costs.

The petition was properly dismissed on the ground that the evidence petitioner relies on was offered for the first time in his Petition for Administrative Review although it had been available to him for two years and could have been submitted to the Rent Administrator (9 NYCRR 2529.6; Matter of Birdoff & Co. v New York State Div. of Hous. & Community Renewal, 204 AD2d 630; Matter of 985 Fifth Ave. v State Div. of Hous. & Community Renewal, 171 AD2d 572, 574-575, lv denied 78 NY2d 861). Concur—Murphy, P. J., Nardelli, Williams and Colabella, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.