March 27, 2018

Lam v. Gubelmann, Unreported (Civ. Ct., NY Co., Hon. John H. Stanley, J.H.C., Mar. 27, 2018) (granting tenant’s motion to stay holdover eviction proceeding pending outcome of tenant’s Loft Board application and Article 78 appeal, and denying landlord’s request for use and occupancy due to absence of a certificate of occupancy)

March 9, 2018

177 Water Street Realty Corp. v. Gallo, N.Y.L.J., Mar. 9, 2018 (Civ. Ct., Kings Co., Hon. Frances Ortiz, J.H.C.) (dismissing landlord’s nonpayment eviction proceeding on grounds that building lacks a certificate of occupancy and landlord was out of compliance with Loft Law) https://www.law.com/newyorklawjournal/almID/1520918097NY7349717/

2018

49 Bleecker, Inc. v. Gatien, 157 A.D.3d 619 (1st Dep’t, 2018) (reversal of Appellate Term, 1st Department, dismissing nonpayment eviction proceeding against Loft Law protected tenant on grounds that building lacked a certificate of occupancy pursuant to MDL § 302; Court determines that net lessees are “owners” under the Multiple Dwelling Law for purposes of MDL § 302) https://law.justia.com/cases/new-york/appellate-division-first-department/2018/5518-570312-14-64244-13.html

2018

Thompson Assets LLC v. Raffelo, 61 Misc.3d 130 (A), 2018 NY Slip Op. 51411 (U) (App. Term, 1st Dep’t, 2018) (affirming summary judgment in tenants’ favor, determining that they are rent stabilized because the unit was not luxury deregulated prior to their tenancy/rejecting landlord’s unpleaded “first rent” theory of exemption. Attorneys’ fees awarded to the tenants.) http://nycourts.gov/reporter/3dseries/2018/2018_51411.htm

2018

Genuine Realty Corp. v. Mitchell, 2018 WL 5046890, 2018 NY Slip Op. (U) (App. Term, 1st Dep’t, 2018) (reversing lower court decision refusing to vacate long-term rent stabilized tenant’s default where the tenant was caring for her ill mother and was unaware of the case, and had a meritorious defense that she did not unlawfully sublet the unit while away) http://nycourts.gov/reporter/3dseries/2018/2018_51457.htm

2018

Ben-Horin v. COSO 120 West 105, LLC, 2018 WL 2971167 (Sup. Ct., NY Co., 2018) (granting tenants’ motion for summary judgment, awarding tenants rent stabilization protection, rent overcharge award of approx. $80,000.00, and attorneys’ fees)

February 15, 2018

Matter of McKenna, Loft Bd. Order No. 4739 (Feb. 15, 2018) (obtained protected occupant status for tenant, significant roll back of rent, and overcharge award of $132,859.52)

http://archive.citylaw.org/wp-content/uploads/sites/34/loft/LBO-4739-PO-0016-and-TA-0210-870-Broadway-Man.pdf

2017

BR 31, LLC v. Landess and Llewellyn, 57 Misc.3d 156 (A) (App. Term, 1st Dep’t, 2017) (reversing trial court denial of summary judgment; dismissing holdover petition, and finding that prior “buyout” agreement that did not contain any language regarding a sale of rights did not result in deregulation of former Loft Law unit; tenants are rent stabilized and awarded attorneys’ fees):

https://law.justia.com/cases/new-york/appellate-term-first-department/2017/2017-ny-slip-op-51644-u.html

March 23, 2017

Matter of Tenants of 79 Lorimer Street, OATH Index No. 1020/16 (March 23, 2017) (after hard fought trial, obtains a recommendation of Loft Law coverage and protected occupant status for tenants)

February 15, 2017

American Package Company, Inc. v. Benjamin Gleitzman, Unreported, Civ. Ct., Kings Co., Housing Part E, Index No. 96702/16 (Hon. Thomas M. Fitzpatrick, Feb. 15, 2017) (in holdover eviction proceeding commenced on the basis that no lease existed between landlord and tenant because tenant did not pay full security or rent under the lease, court dismisses proceeding finding tenant has an enforceable contract where there is no dispute tenant signed the lease, landlord delivered it to tenant fully executed, and respondent was already in possession of the premises).

January 19, 2017

Matter of Redsky JZ Roebling, LLC, Loft Board Order No. 4610 (Jan. 19, 2017) (denying landlord’s application for decoverage of an IMD unit where the landlord made no effort to legalize the unit).

October 29, 2016

Matter of Mays, OATH Index Nos.  1434/16 and 1642/16 (October 29, 2016) (denying Owner’s motion for summary judgment dismissing the Loft Board/Loft Law protected occupancy claims of two tenants)

July 21, 2016

Wang & Associates, LLC v. Location, Location, Location, 2016 WL 6561318, (Civ. Ct., NY Co., Housing Part, July 21, 2016) (dismissing nonpayment eviction proceeding with prejudice on the grounds that the building lacks a certificate of occupancy as required by the Multiple Dwelling Law)

July 18, 2016

Momart Discount Store Ltd. v. Rossi, 2016 WL 6567058, 2016 N.Y. Slip Op., 32165(U) (Civ. Ct., NY Co., Housing Part, July 18, 2016) (granting tenant’s motion for a stay pending outcome of Loft Board proceedings, and refusing to condition the stay on the payment of use and occupancy given the lack of a certificate of occupancy for the building)

July 12, 2016

Matter of Stathis, OATH Index No. 347/15 (July 12, 2016) (obtaining a recommendation of Loft Law coverage and protected occupancy after an inquest hearing)

July 11, 2016

Matter of Blessing, OATH Index Nos. 2313/15, 0011/16, 0012/16, 0013/16, 0014/16, and 0015/16 (July 11, 2016) (obtaining partial summary judgment holding that building is a covered interim multiple dwelling)

June 9, 2016

49 Bleeker, Inc. v. Gatien, 51 Misc.3d 152 (A), 2016 N.Y. Slip Op. 50880 (U) (App. Term, 1st Dep’t, 2016)

May 13, 2016

Matter of Gatien, OATH Index Nos. 2121/13; 1033/14 and 2233/14 (May 13, 2016) (obtaining a recommendation of Loft Law coverage after lengthy trial and holding that tenants are the protected occupants of their respective units)

January 29, 2016

Warren Murray Prop. Owner v. Hexner, 2016 NY Slip Op 50306 (U), 2016 WL 1060805 (Civ. Ct., NY Co., 2016) (obtaining stay of eviction proceeding pending outcome of contested Loft Board Proceeding)

Oct 20, 2015

Matter of Ukai, OATH Index Nos. 1394/14 & 1220/15 (Oct. 20, 2015) (holding, inter alia, that unit is covered under the Loft Law, and that primary residence is not relevant to determining protected occupant status)

July 14, 2015

Matter of Kusyk v. New York City Dept. of Bldgs., 130 A.D.3d 50913 N.Y.S. 3d 431 (2015) (holding that certificate of occupancy for former Loft Law building should be amended to protect tenants’ legal use of their apartment).

July 10, 2015

Matter of Doris, OATH Index Nos. 2542/14 & 2543/14 (July 10, 2015) (holding that lot line windows do not preclude Loft Law coverage)

July 9, 2015

Matter of Stathis, OATH Index no. 347/15 (July 9, 2015) (denying landlord’s motion to vacate default in Loft Board coverage proceeding)

June 18, 2015

Matter of Becker, OATH Index no. 116/15 (Feb. 20, 2015), adopted in part, rejected in part, Loft Bd. Order No. 4412 (June 18, 2015) (denying landlord’s motion to vacate default in Loft Board Coverage proceeding).

November 12, 2014

Matter of Behlke, OATH Index No. 153/15 (Nov. 12, 2014), adopted in part, remanded, Loft Bd. Order No. 4348 (Jan. 15, 2015) (holding that Loft Law filing deadline does not apply to claims for protected occupant status

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