ST3. October 22, 2009. Roberts v Tishman Speyer Properties, Court of Appeals, majority Parts I to IV: tenants argued that luxury decontrol could not be used while J-51 tax benefits were received. The Court agreed and affirmed the Appellate Division. The majority explains that DHCR had taken a different position before judgment, and expressly leaves retroactivity and tenant-specific defenses unresolved. This decision was not knowable in March 2007. This excerpt is a factual summary, not legal advice.

ST4. January 8, 2010. New York State Senate public statement says the owners would miss a payment that day on debt from their 2006 purchase. It calls for upkeep and tenant protections amid the default. A mortgage default is an observed outcome, not proof that any particular projection error alone caused it. The later documents supply neither realized full-year 2011 NOI nor a binding refinance quote or actual available owner cash.
