Tenant Not Entitled to Restoration to Building Destroyed by Fire

LVT Number: #29795

Former rent-stabilized tenant sued landlord, seeking to be restored to possession as a tenant in landlord's building. The court ruled against tenant, who appealed and lost. After a fire in 2002 made tenant's apartment uninhabitable, tenant sought a court ruling against prior landlord for restoration to occupancy. That court had ruled for tenant in a prior case. But a second fire at the building in 2012 had effectively demolished the building, which became a boarded-up empty shell with no windows, and no functioning building systems.

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Gregoretti v. 92 Morningside Avenue LLC: 166 A.D.3d 466, 2018 NY Slip Op 07830 (App. Div. 1 Dept.; 11/15/18; Acosta, PJ, Friedman, Manzanet-Daniels, Webber, Singh, JJ)