Several months ago we reported on the Appellate Term's decision in Skyview Holdings LLC v. Cunningham, wherein that court concluded that an additional five days need NOT be added to "Golub" or "window-period" notices served upon rent-stabilized tenants by regular mail.*
In our blog post analyzing that decision, readers will recall that we anticipated that there would be additional appellate activity. And, earlier today, that prediction was realized.
In a decision on a motion made by the tenant in that case, the Appellate Term granted leave to appeal to the Appellate Division, First Department. (As appellate-court watchers will attest, these kind of requests are rarely granted. So, it's of considerable significance that the Appellate Term was of the opinion that the dispute should be heard by a higher court.)
Where will Skyview land? It's hard to say. But, as Margo Channing (Bette Davis) warned in the movie classic All About Eve, "fasten your seat belts," cause we're likely in for a bumpy ride!
For a copy of the Appellate Term's decision on the motion, please click on the following link: http://www.nycourts.gov/reporter/motions/2006/2006_82322.htm
*For a copy of our original blog post on the case, dated October 18, 2006, please click here .