Building Wasn't a Co-op Exempt from Rent Stabilization

February 1, 2011

LVT Number: #23156

Landlord sued to evict tenant. Landlord claimed that the apartment was exempt from rent stabilization because the building was owned as a cooperative on or before June 30, 1974. In the middle of the trial, landlord asked to amend its petition, now claiming that the apartment was exempt because the building was owned as a co-op after June 30, 1974. The court refused to let landlord change its theory at this point and ruled against landlord in the case. Landlord appealed and lost. It would have been unfair to let landlord change its claim mid-trial.

Landlord sued to evict tenant. Landlord claimed that the apartment was exempt from rent stabilization because the building was owned as a cooperative on or before June 30, 1974. In the middle of the trial, landlord asked to amend its petition, now claiming that the apartment was exempt because the building was owned as a co-op after June 30, 1974. The court refused to let landlord change its theory at this point and ruled against landlord in the case. Landlord appealed and lost. It would have been unfair to let landlord change its claim mid-trial. And in any event, there was no proof that the building was converted to a co-op under any effective plan ever filed with the Attorney General's office.

Rapone v. Katz: NYLJ, 1/21/11, p. 26, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Hunter, Torres, JJ)

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