Tenant Claims Garage Space Was Required Ancillary Service

April 23, 2015

LVT Number: #26126

Landlord brought a commercial eviction proceeding against rent-stabilized tenant after terminating tenant's garage lease. Landlord asked the court to rule in its favor without a trial. The court ruled for landlord. Tenant appealed, and the case was reopened. There were questions of fact as to whether the garage space was a required ancillary service under rent stabilization, and the record contained insufficient information concerning the nature and chronology of how the service was provided.

Landlord brought a commercial eviction proceeding against rent-stabilized tenant after terminating tenant's garage lease. Landlord asked the court to rule in its favor without a trial. The court ruled for landlord. Tenant appealed, and the case was reopened. There were questions of fact as to whether the garage space was a required ancillary service under rent stabilization, and the record contained insufficient information concerning the nature and chronology of how the service was provided.

Bruckner Realty LLC v. Cruz: 46 Misc.3d 152(A), 2015 NY Slip Op 50319(U) (App. T. 1 Dept.; 3/16/15; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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