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LITTLE W. 12th ST. REALTY, L.P. v. INCONIGLIOS

570380/08.

2009 NY Slip Op 29127

LITTLE WEST 12TH ST. REALTY, L.P. D/B/A LITTLE WEST 12th ST. REALTY CO. A/K/A L.W. 12TH ST. REALTY CO., Petitioner-Landlord-Appellant, v. VINCENT INCONIGLIOS, Respondent-Tenant-Respondent, and "XYZ CORP.," "JOHN DOE" AND "JANE DOE," Respondents-Undertenants.

Appellate Term of the Supreme Court of New York, First Department.

Decided March 20, 2009.

PER CURIAM.

We agree, essentially for reasons stated by David B. Cohen, J. at Civil Court, that tenant demonstrated entitlement to protection under the Loft Law (Multiple Dwelling Law art 7-C). Tenant's submissions, including the affidavits of current and former building residents, demonstrated that a portion of the subject building, formerly used for commercial purposes, was occupied as the residence or home of three or more independently living families during the...

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