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THOMAS LLC v. WALLIN

35 A.D.3d 232 (2006)

826 N.Y.S.2d 221

DUANE THOMAS LLC, Appellant-Respondent, v. AMY WALLIN, Respondent-Appellant.

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

Decided December 12, 2006.

Although tenant commenced occupancy in 1991, after the Loft Law window period had closed without the subject unit having been registered with the Loft Board, the applicable Zoning Resolution (Tribeca Mixed Use District) permits residential use of "loft dwellings," which the subject building admittedly is, and does not expressly require that such dwellings be covered by the Loft Law. In fact, a temporary residential certificate of...

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