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Posted by richard on June 02, 2000 at 10:51:45:

In Reply to: Re: Merwest: Here is the case: one more appeal? posted by Anna on June 01, 2000 at 19:45:49:

There will probably be an appeal......but.....the two cases are very different, Ms Fuentes was living in an "Illegal" apartment and the sponsor was the landlord and gave her a rent stabilized lease, so she should of course maintain her rent stabilization status, because she did nothing wrong.

Here we have a guy who has no good reason to leave his rent regulated apartment, but he CHOSE to take the money and run......so why should he be allowed to keep his apartment, a deal is a deal.

And if he was really smart or a good businessman (which he seems not to be) why not claim the legal expenses as a cost of doing business , write it off against his business profits. Since that was the premise for the eviction anyway.

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: Thanks for posting the whole decision but that does not answer his question: how to find out if this decision has been appealed to the Court of Appeals.
: I checked the Calendar on NYLJ: nothing... He could go to the Appellate Division 1 courthouse, look up the case and look for a Notice of Appeal. Ask the clerks for help, they're usually quite friendly.

: (did you get this from the NY Slip Opinion Service? http://nyslip.westgroup.com/ )

: There have been a couple of lower court decisions that considered Merwest but ruled in the tenant's favor anyway... http://www.nylj.com/decisions/00/04/041200b1.htm

Follow Ups:

• Re: Merwest: Here is the case: one more appeal?...probably but... Anna 06/02/00 (1)
  • Re: Merwest: harassment or? richard 06/02/00 (0)

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Comments:
:   There will probably be an appeal......but.....the two cases are very different,  Ms Fuentes was living in an "Illegal" apartment and the sponsor was the landlord and gave her a rent stabilized lease,  so she should of course maintain her rent stabilization status, because she did nothing wrong.

:   Here we have a guy who  has no good reason to leave his rent regulated apartment, but he CHOSE to take the money and run......so why should he be allowed to keep  his apartment, a deal is a deal.

:   And if he was really smart or a good businessman  (which he seems not to be) why not claim the legal expenses as a cost of doing business ,  write it off against his business profits.  Since that was the premise for the eviction anyway.

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: : Thanks for posting the whole decision but that does not answer his question: how to find out if this decision has been appealed to the Court of Appeals.
: : I checked the Calendar on NYLJ: nothing... He could go to the Appellate Division 1 courthouse, look up the case and look for a Notice of Appeal.  Ask the clerks for help, they're usually quite friendly.

: : (did you get this from the NY Slip Opinion Service? http://nyslip.westgroup.com/ )

: : There have been a couple of lower court decisions that considered Merwest but ruled in the tenant's favor anyway... http://www.nylj.com/decisions/00/04/041200b1.htm


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