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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hillside Place, LLC v. Shahid, 75 Misc. 3d 35 (2022)

Citation
Hillside Place, LLC v. Shahid, 75 Misc. 3d 35 (2022)
Parent Document
Hillside Place, LLC v. Shahid, 75 Misc. 3d 35 (2022)
Jurisdiction
New York (state)
Effective Date
2022-04-29

Full Text

701 chars
Aliotta, P.J. (concurring in the following memorandum). I am in general agreement with the analysis of the majority. I write separately to note that the sole basis for tenant's renewal motion was the argument that, based upon Matter of 1437 Carroll, LLC v New York State Div. of Hous. & Community Renewal (150 AD3d 1224 [2017]), landlord waived any right to seek rent increases under Matter of Casado v Markus (16 NY3d 329 [2011]). As no other issue is before us, including, as the majority properly notes, whether landlord may ultimately prevail in this nonpayment proceeding to recover possession based upon a failure to pay rent, including the Casado increases, we do not opine on any other issues.