February 24, 1998 Appeal from the Supreme Court, New York County (Carol Arber, J.). As the trial court held, the typewritten rider to the lease, providing that the subject apartment was to be used "for the practice of medicine only", controls over the irreconcilable preprinted clause, providing that the apartment was to be used by the tenant and the tenant's family "as a strictly private dwelling apartment" ( see, Poel v. Brunswick-Balke-Collender Co., 216 N.Y. 310, 322). This rider, together with
No. 2008-00826. September 2, 2008. In a proceeding pursuant to CPLR article 78 to review a determination of the Division of Housing and Community Renewal dated November 30, 2006, which affirmed a determination of the District Rent Administrator dated June 29, 2006, that the complainant was illegally deprived of ancillary services in connection with a rent-stabilized housing accommodation when the petitioner denied her the use of a parking space in the garage of the subject apartment building, the
June 30, 1987 Appeal from the Supreme Court, First Department. The issues on this appeal emanate from tenant Melvyn Meer's efforts to obtain a garage space in the 87-unit rent-stabilized building where he has resided since 1977. Landlord petitioner is the Missionary Sisters of the Sacred Heart, which also owns and operates the adjacent Cabrini Hospital. In 1980, after he had obtained a car, tenant Meer orally requested a space in the building's garage, which has only 11 usable garage spaces. His
October 3, 2000. Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about October 21, 1999, which granted petitioner landlord's motion to reargue an order, entered May 27, 1999, denying its application to annul respondent DHCR's determination denying it major capital improvement (MCI) rent increases, and, upon reargument, adhered to the prior order, unanimously affirmed, without costs. Appeal from the order entered May 27, 1999, unanimously dismissed, without costs, as subsumed
February 7, 1984 Appeal from the Civil Court of the City of New York, New York County, MARGARET TAYLOR, J. Burns Summit Rovins Feldesman ( Ira G. Greenberg and David Rosenberg of counsel), for appellant. John M. Hochfelder for respondent. Per Curiam. Order entered April 29, 1983 reversed, with $10 costs, renewal granted, and on renewal tenant's motion to dismiss the petition treated as a motion for summary judgment pursuant to CPLR 3211 (subd [c]) is denied and petitioner is granted summary judgment
December 1, 1987 Appeal from the Supreme Court, New York County (Robert E. White, J.). As this record discloses, there is a rational basis for the Division of Housing and Community Renewal's (DHCR) determination, pursuant to section 2 (m) of the Code of the Rent Stabilization Association of New York City, Inc., that the use of the garage at the premises in question was a building-wide service provided to the tenants on the base date by the owner through an agent, the garage operator. The latter's