Trial Required on Whether Loft Unit Covered

September 30, 2004

LVT Number: 17640

Landlord sued to evict loft tenant. Landlord claimed that tenant was exempt from rent stabilization. Tenant claimed that he was rent stabilized and asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. There were questions of fact about whether the loft unit was subject to rent stabilization. So a trial was required.

Landlord sued to evict loft tenant. Landlord claimed that tenant was exempt from rent stabilization. Tenant claimed that he was rent stabilized and asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. There were questions of fact about whether the loft unit was subject to rent stabilization. So a trial was required.

Cox v. Carbone: NYLJ, 9/22/04, p. 26, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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