Case Type

Holdover-Lease Expiration

Housing Type

Interim Multiple Dwelling

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-300449-24/NY

Slip Opinion Number

2024 NY Slip Op 31923(U)

Petitioner

46 Walker Realty LLC

Respondent

Kuni LLC, Ipek Irgit, "John Doe" and "Jane Doe"

Judge

Gonzalez, Alberto M

Decision/Order Date

2024-05-30

Posture

Post-answer Motion by Landlord

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

The landlord commenced a holdover proceeding alleging the tenant's month-to-month tenancy expired. The tenant asserted the apartment was rent-stabilized under the Loft Law. The court found the landlord failed to establish the apartment was not subject to rent stabilization and granted the tenant's motion to dismiss the petition. The court determined the tenant was not collaterally estopped from challenging the regulatory status of the apartment based on a prior Loft Board order.

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