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37 West Realty Co. v. New York City Loft Board

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 1, 2010

IN RE 37 WEST REALTY COMPANY, PETITIONER-APPELLANT,
v.
NEW YORK CITY LOFT BOARD, RESPONDENT-RESPONDENT.

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered June 25, 2009, dismissing this Article 78 proceeding, unanimously reversed, on the law, without costs, and the petition reinstated, without prejudice to the assertion of defenses.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Friedman, McGuire, Abdus-Salaam, JJ.

400969/09

The tenants whose units were specifically addressed in respondent's order, which reduced or vacated an administrative law judge's findings in their favor with regard to rent overcharges, were necessary parties whose rights may be directly and inequitably affected by the judgment (CPLR 1001[a]). As respondent concedes, the tenants were indisputably subject to jurisdiction, and should be joined even if the limitations period has expired (see Windy Ridge Farm v Assessor of Town of Shandaken, 11 NY3d 725 [2008]), without prejudice to interposing such a defense (see Friedland v Hickox, 60 AD3d 426 [2009]). It is unnecessary at this point to consider the "relation back" doctrine.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100401

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