Landlord Claims Parking Space Isn't Covered

Landlord sued to evict rent-stabilized tenant from the parking space that tenant rented when she moved into the building. Landlord owned tenant's apartment, which was located in a building converted to a co-op in 1987. Landlord claimed that tenant wasn't using the parking space and wasn't allowed to sublet it to anyone else. Tenant claimed that the parking space was an ancillary service and that she was entitled to rent the parking space as long as she lived in the apartment. Tenant claimed also that landlord didn't own the parking space. Landlord asked the court to decide this issue without a trial. The court ruled against landlord. Co-op documents indicated that the co-op corporation, rather than landlord, owned the parking space. There were questions of fact concerning who owned the space and how it was being used that required a trial.

ACP 150 West End Ave. Assocs., LP v. Rosendahl: NYLJ, p. 28, col. 4 (11/10/99) (Civ. Ct. NY; James, J)