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In the Matter of Leslie Brack and Michael Brack


(New York City Loft Board, January 18, 2007)

Tenants' application for reconsideration of a Loft Board order finding abandonment of the subject unit was denied where Tenants defaulted without extraordinary circumstances causing their failure to timely answer. Rather, despite four attempts by the Loft Board to get the Tenants to participate in the abandonment proceeding, no answer was ever filed. Tenants' correspondence demonstrates that they were fully award of the abandonment proceeding. The Board found that, "It appears that [Tenants] chose to gamble repeatedly that they would be able to work out a deal with their landlord before a Loft Board finding of abandonment became a problem for them. They gambled and lost."  Link to Full Text of Decision

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