Defendant failed to demonstrate compliance with, or even address, the rule governing a prime tenant's right to protected tenant status upon recovery of vacated space (see NY City Loft Board Regulations [29 RCNY] § 2-09 [c] [5] [iii]). Defendant's reliance on a statement regarding his potential future rights made by the Loft Board in a 1985 order is misplaced. The 1985 order never determined whether defendant was a protected tenant and the statement constituted...
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