Church Street Apartment Corp. v. Abrams — 74 N.Y.2d 728

Majority

p. 728

In the Matter of Church Street Apartment Corp. et al., Respondents, v Robert Abrams, as Attorney-General of the State of New York, Appellant.

Argued June 1, 1989;

decided June 30, 1989

p. 730

APPEARANCES OF COUNSEL

Robert Abrams, Attorney-General (Gerald J. Hurwitz and O. Peter Sherwood of counsel), appellant pro se.

Martin P. Mehler for respondents.

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in so much of the opinion by Justice Joseph P. Sullivan at the Appellate Division ( 139 AD2d 280 , 285) as addresses "the crucial issue in this case”, which is the sole issue before us on this appeal: "whether the Attorney-General may properly include the sponsor’s apartment in the base-denominator count in determining if the 51% tenants’ approval requirement of General Business Law § 352-eeee (2) (d) (i) has been met.” Certified question answered in the affirmative.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

Cases cited

Church Street Apartment Corp. v. Abrams 139 AD2d 280 N.Y. App. Div. 1988-07-21 at 285 p. 730

Statutes and regulations cited

General Business Law p. 730