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ALPHONSE HOTEL CORP. v. FUSCO

189 Misc.2d 219 (2001)

730 N.Y.S.2d 824

ALPHONSE HOTEL CORP., Doing Business as HOTEL CARTER, Appellant, v. ALBERT W. FUSCO, Also Known as AL AYERS, Respondent.

Supreme Court, Appellate Term, First Department.

May 23, 2001.

Attorney(s) appearing for the Case

Calabro, Fleishell & Lubov, P. C., for appellant.

Michael Stepper for respondent.

PARNESS, P. J., and DAVIS, J., concur; McCooE, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Final judgment entered on or about July 2, 1999 reversed, and new trial ordered, without costs.

The threshold question raised at the trial of this nonpayment summary proceeding was whether tenant's hotel unit is subject to rent stabilization coverage. In presenting the issue to the jury for resolution, the trial court correctly framed the appropriate inquiry as...

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