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BRANIC INTL. REALTY v. PITT

9453 & 570284/10, 363.

106 A.D.3d 178 (2013)

963 N.Y.S.2d 210

2013 NY Slip Op 2522

BRANIC INTERNATIONAL REALTY CORP., Respondent, v. PHILLIP PITT, Appellant, et al., Respondents.

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

Decided April 16, 2013.

Attorney(s) appearing for the Case

West Side SRO Law Project, New York City ( Martha Weithman of counsel), and Manhattan Legal Services, New York City ( Jim Provost of counsel), for appellant.

Rosenberg Calica & Birney LLP, Garden City ( Ronald J. Rosenberg , Lesley A. Reardon and Diana Attner of counsel), for Branic International Realty Corp., respondent.

ANDRIAS, J.P., FRIEDMAN, ACOSTA and FREEDMAN, JJ., concur.

OPINION OF THE COURT

CLARK, J.

In this appeal, the primary question is whether respondent Phillip Pitt was a "permanent tenant" as defined in Rent Stabilization Code (9 NYCRR) § 2520.6 (j). We find that the record amply demonstrates that respondent "continuously resided" in a room within petitioner Branic International Realty Corp.'s (Branic) hotel for more than six months. Accordingly, respondent-appellant was a "permanent tenant," as defined by Rent...

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