Pultz v Economakis
2007 NY Slip Op 01380
Decided on February 15, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 15, 2007
Saxe, J.P., Sullivan, Williams, Gonzalez, Catterson, JJ.

9430
Index 114915/04

[*1]David S. Pultz, et al., Plaintiffs-Respondents,

v

Catherine Economakis, et al., Defendants-Appellants. The Rent Stabilization Association of New York City, Inc., Amicus Curiae





Rosenberg & Estis, P.C., New York (Jeffrey Turkel of counsel)
for appellants.
Collins, Dobkin & Miller, LLP, New York (Stephen Dobkin of
counsel), for respondents.
Belkin Burden Wenig & Goldman, LLP, New York (Magda L.
Cruz of counsel), for The Rent Stabilization Association of New
York City, Inc. Amicus Curiae.

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered April 14, 2006, reversed, on the law, without costs, defendants' motion for summary judgment granted and the injunctive relief vacated, plaintiffs' cross motion for summary judgment denied, and it is declared that defendants' plan to recover the six remaining stabilized units for owner-occupancy purposes is governed by Rent Stabilization Code § 2524.4(a)(1), which does not require preapproval by DHCR.

Opinion by Gonzalez, J. All concur.

Order filed.