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WOLINSKY v. KEE YIP REALTY CORP.

302 A.D.2d 327 (2003)

756 N.Y.S.2d 515

SARAH WOLINSKY et al., Appellants, et al., Plaintiff, v. KEE YIP REALTY CORP., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 27, 2003.

The premises do not have a residential certificate of occupancy (compare Wilson v One Ten Duane St. Realty Co., 123 A.D.2d 198, 200 [1987]), and are located in an M1-5B zoning district permitting use only for light manufacturing and joint living-work quarters for artists. Plaintiffs do not claim to be artists and do not claim protection under the Loft Law. Instead, they claim protection under the ETPA, an "inclusive, rather than...

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