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ALPHONSE HOTEL v. ROSEBOOM

No. 570703/08

26 Misc.3d 67 (2009)

2009 NY Slip Op 29513

894 N.Y.S.2d 810

ALPHONSE HOTEL CORP., Respondent, v. DESTINY ROSEBOOM, Appellant.

Supreme Court, Appellate Term, First Department.

December 18, 2009.

Attorney(s) appearing for the Case

Destiny Roseboom, appellant pro se. Calabro & Associates, P.C., New York City, for respondent.

MCKEON, P.J., SCHOENFELD and HEITLER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, dated October 3, 2008, reversed, without costs, and landlord's motion for summary judgment is denied.

The proper resolution of this nonpayment summary proceeding, and tenant's rent overcharge counterclaim, rests upon whether the demised hotel unit is subject to rent stabilization coverage, a question which, in turn, hinges on whether the "rent charged" for the...

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