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SPAEDA v. BAKIRTJY

189 Misc.2d 222 (2001)

730 N.Y.S.2d 826

DOROTHEA S. SPAEDA, Appellant, v. GERRY BAKIRTJY, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

May 23, 2001.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler & Schwartz, P. C., New York City (Steven L. Schultz of counsel), for appellant.

Himmelstein, McConnell, Gribben & Donoghue, New York City (Samuel J. Himmelstein of counsel), for Gerry Bakirtjy, respondent.

McCooE, J. P., GANGEL-JACOB and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order dated January 14, 2000 affirmed, with $10 costs.

Civil Court properly dismissed the holdover petition for failure to properly plead the rent-stabilized status of the subject apartment premises. Respondent's tenancy, which began in 1980, was brought within the ambit of rent stabilization in 1981 upon the landlord's receipt of tax benefits under the "J51" program, and remains under stabilization protection to...

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