| Leight v W7879 LLC |
| 2016 NY Slip Op 02126 [27 NY3d 929] |
| March 24, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, May 4, 2016 |
| Douglas L. Leight et al., Plaintiffs, and John H. Masten, Appellant, v W7879 LLC et al., Respondents. |
Decided March 24, 2016
Leight v W7879 LLC, 128 AD3d 417, affirmed.
Collins, Dobkin & Miller LLP, New York City (Seth A. Miller of counsel), for appellant.
Kucker & Bruh, LLP, New York City (Patrick K. Munson of counsel), for respondents.
Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City (Ronald S. Languedoc of counsel), for Metropolitan Council on Housing, amicus curiae.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question not answered upon the ground that it is unnecessary. Plaintiff John H. Masten{**27 NY3d at 930} failed to establish that his apartment, which was deregulated in 2000 by an unchallenged order of the Division of Housing and Community Renewal, became re-regulated when he executed a renewal lease at market rate.
Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.
[*2]