# Katz v. New York City Loft Board

> Appellate Division of the Supreme Court of the State of New York · July 12, 1990 · 163 A.D.2d 207

URL: https://www.frixlaw.com/law-library/cases/5927345

## Case

- **Full name:** Gerald Katz v. New York City Loft Board, Respondents In the Matter of Caron Restaurant, Inc. v. New York City Loft Board
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 12, 1990
- **Citations:** 163 A.D.2d 207; 557 N.Y.S.2d 922; 1990 N.Y. App. Div. LEXIS 8367
- **Precedential status:** Published
- **Opinion:** Dissent by Kupferman
- **Judges:** Kupferman
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5927345

## Opinion text

Kupferman, J. P.,
dissents in a memorandum as follows: I would grant the petition and annul the determination of the New York City Loft Board.
The legislative findings in section 280 of the Multiple Dwelling Law make it clear that the statute is designed to address "the increasing number of conversions of commercial and manufacturing loft buildings to residential use without compliance with applicable building codes and laws and without compliance with local laws regarding minimum housing maintenance standards”.
The purpose of the Loft Conversion Law was to legitimize residential use of former commercial and manufacturing loft buildings. (See, Matter of Vlachos v New York City Loft Bd., 118 AD2d 378 .) This building is a five-story brownstone, which was once properly for residential use and then changed to commercial use. The history of the statute makes it evident that it was not intended to apply to this type of real estate. (See, Spring Realty Co. v New York City Loft Bd., 69 NY2d 657 , appeal dismissed 482 US 911 .)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5927345. Public record. Not legal advice.