This court converted respondent's motion to dismiss into one for summary judgment as well. The court sought affidavits and further argument on whether room 512 is an apartment as defined by section 27-2004 (a) (14) of the Administrative Code of the City of New York.
Section 27-2004 (a) (14) provides that: "Apartment shall mean one or more living rooms, arranged to be occupied as a unit separate from all other rooms within...
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