Trial Required on Whether Apartment Is Covered

April 30, 2001

LVT Number: 14967

Landlord sued to evict tenant, claiming that she was an unregulated, month-to-month tenant. Tenant claimed that she was rent controlled and asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. The appeals court reopened the case. Landlord claimed that the building was a two-family house and that the apartment became vacant after April 1, 1953. Tenant claimed that she moved into the apartment in 1965 when her husband's family owned the building. She claimed that there were two other apartments in the building at the time.

Landlord sued to evict tenant, claiming that she was an unregulated, month-to-month tenant. Tenant claimed that she was rent controlled and asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. The appeals court reopened the case. Landlord claimed that the building was a two-family house and that the apartment became vacant after April 1, 1953. Tenant claimed that she moved into the apartment in 1965 when her husband's family owned the building. She claimed that there were two other apartments in the building at the time. There were questions of fact that required a trial.

Palacci v. Tuccio: NYLJ, 4/19/01, p. 22, col. 6 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)

Topics

More like this