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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kachian v. Aronson, 123 Misc. 2d 743 (1984)

Citation
Kachian v. Aronson, 123 Misc. 2d 743 (1984)
Parent Document
Kachian v. Aronson, 123 Misc. 2d 743 (1984)
Jurisdiction
New York (state)
Effective Date
1984-04-10

Full Text

752 chars
*748The court thus concludes that only half of the second floor was used for residential purposes and that 50% of the rental is applicable to such portion. Since the nonresidential space is clearly separable from that used for residential purposes the abatement for this floor shall only be applicable to one half of the rent payable by the tenants thereof. That the occupants may have on their tax returns indicated that 75% of the rental payments were for space used for business purposes does not alter the court’s conclusion from all of the testimony as to actual use. In any event, even if a portion of the residential area was at times used for business purposes, such portion was not separate so as to further reduce the amount of the abatement.