Loft Wasn't Deregulated
LVT Number: #25449
Landlord sued to evict tenant, claiming that tenant's loft unit was deregulated and no longer subject to Article 7-C of the Loft Law. The trial court ruled for landlord. Tenant appealed and won. Landlord claimed that the loft was deregulated based on prior landlord's "constructive purchase" in 1987 of fixtures belonging to a prior tenant. But landlord didn't prove that prior tenant abandoned the fixtures and the loft with rent unpaid in an amount that was greater than the fair market value of the fixtures, even if prior tenant did abandon the loft in 1987.
73 Tribeca LLC v. Greenbaum: 2014 NY Slip Op 24052, 2014 WL 887250 (App. T. 1 Dept.; 3/5/14; Schoenfeld, PJ, Hunter Jr., Torres, JJ)