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Lester Complaint

Lester Complaint

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Published by: Eliot Brown / New York Observer on Mar 14, 2009
Copyright:Attribution Non-commercial

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06/16/2009

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At
an
IAS
Part
of
the Supreme CourtoftheStateofNew
York,
held
in
and for theCountyofNew
York
at the
Courthouse
thereof located at
60
Centre Street, New
York,
New
York,
on
the
day
of
March,
2009.
PRES
ENT:HON:Justice
of
the Supreme CourtSUPREME
COURTOF THE
STATE
OFNEW
YORK
09
103299
COUNTY
OF NEW
YONKENNETH M. CHANKO,
BARBARA
CHANKO,
TIMOTHY
McCANN,on
behalf
of
themselves and allothers
similarly
situated,
X
-_-r___________________________1_1_11__-----------_____-----------
Index
No.Petitioners,
ORDER TO
SHOW
CAUSE
-against-
.
e2GW
-&
02
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I
I
iR?C,@,,,>
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*
<hqfl+?
PCV
ST
OWNER
LP,
LiI
I,"
$y6,.,
$-,
I/(
*:
;*
*
espondents.
u
I>
______________I______________________r__"-----------------------_"
X,,<,",:
!
i-
:
,*.
'
;.
i
.*
*
($1
..
'r';
,
1
:$$
L
THE
NEW YORK STATE DIVISION
OF
HOUSING
AND
COMMUNITY
RENEWAL,TISHMAN SPEYER
PROPERTIESy
L.P. and
i
"IL
"I
#','
+
~~
I
.p',$
'**
i
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'1
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.
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i
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*&.
Upon the Verified Petition of Barbara
Chad&
ddiTQ&thy
F.
McCann,verified March
9,
2009;
the exhibits annexed thereto; and the annexed Affirmation
of
Jack
L.
Lester,
Esq.
dated March
9,
2009,
the
Affidavit
of
BarbaraChanko
and
Timothy
F.
McCann,
'V,
,?
Let the Respondents
or
their
attorneys,
show cause before
this
Court
at
an
Individual Assignment
Part
of
this
Court
at the Courthouse located at
60
Centre Street,
Room
-7
NewYork,New York
on
the
-
ay
of
March,2009
Supreme Court Records OnLine Library - page 1 of 23
 
at
9:30
a.m. in the forenoon
of
that day or
as
soon thereafier as counsel can beheard, why
an
order should not be entered herein:
1)
Compelling compliance with the Rent Stabilization Code
of
New
York
and mandating renewal leases to Petitioners;
2)
Enjoining Respondent, New
York
State Division
of
Housing
and
Community Renewal
(“DHCR”)
from administering, enforcing or in
any
mannerapplying the provisions of the High Income Rent Deregulation Statute
of
the State
of New
York,
Section 2520.1 1 against Petitioners;
3)
Issuing a Preliminary Injunction enjoining and restraining
the
Respondents, Tishman Speyer Properties,
L.P.
and PCV
ST
Owner
LP
fromprosecuting any eviction proceedings to terminate Petitioners’ occupancy duringthe pendency of this proceeding or the related proceeding, Roberts, et al.
v.
Tishman Speyer Properties,
L.P.,
Index
No.
100956/07;
and
4)
Granting such
other
and
further
relief
as
the Court deems just andproper including class certification for petitioners, legal fees and costs.
ORDERED
that personal service
of
this order to show cause and the papers
upon
which it is granted and the Verified Petition be made upon defendants or theirattorneys on
or
before
be
deemed sufficient service.
ENTER:
2
J.S.C.
Supreme Court Records OnLine Library - page 2 of 23
 
I
KENNETH
M.
CHANKO,
BARBARA CHANKO,
TIMOTHY
McCANN,
on behalf
of
themselves
and
all
others
similarly
situated,Petitioners,-against-
THE
NEW
YORK
STATE
DIVISION
OF
HOUSING
AND
COMMUNITY
RENEWAL,
TISHMAN
SPEYER
PROPERTIES, L.P.
and
PCV
ST
OWNER
LP,
Respondents.
Index
No.
AFFIRMATION
JACK
L.
LESTER,
an
attorney duly admitted to practice in the
Courts
ofthis State, hereby affirms
that:
1.
2.
I
am
counsel for the petitioners in this
I
submit this affirmation in support
of
Order staying respondents
from
taking any actionresidency and/or occupancy rights of petitioners.
3.
On March
5,
2009,
the Appellate Division, First Departmentunanimously
held
that landlords may not decontrol or deregulate housing units
if
theyaresubject to rent stabilization
by
virtue
of
New
York
City's
J-51
tax
Supreme Court Records OnLine Library - page 3 of 23

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