Landlord Claims Loft Unit Isn't Covered

April 30, 2001

LVT Number: 14969

Ousted tenant sought to regain possession of loft unit. Landlord asked the court to bar tenant from doing so while its lawsuit was pending. Landlord claimed that the unit was legalized as commercial under a Loft Board order that found the unit wasn't covered under rent stabilization. The court found that landlord's likelihood of success on the merits of the case was unclear. But in the meantime, to maintain the status quo, tenant was temporarily barred from regaining possession of the unit while the case was pending.

Ousted tenant sought to regain possession of loft unit. Landlord asked the court to bar tenant from doing so while its lawsuit was pending. Landlord claimed that the unit was legalized as commercial under a Loft Board order that found the unit wasn't covered under rent stabilization. The court found that landlord's likelihood of success on the merits of the case was unclear. But in the meantime, to maintain the status quo, tenant was temporarily barred from regaining possession of the unit while the case was pending.

Duane Thomas LLC v. Emma Dear Productions, Inc.: NYLJ, 4/11/01, p. 18, col. 5 (Sup. Ct. NY; Tolub, J)

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