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GREGORETTI v. 92 MORNINGSIDE AVE. LLC

7629. 157151/14.

166 A.D.3d 466 (2018)

89 N.Y.S.3d 20

2018 NY Slip Op 07830

Nicola Gregoretti, Appellant, v. 92 Morningside Avenue LLC et al., Respondents.

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

Decided November 15, 2018.

Plaintiff seeks to be restored, as a rent-stabilized tenant, to occupancy of apartment 71 in defendants' building, in which he had resided until a fire rendered the building uninhabitable in 2002.

The record demonstrates that the building was "effectively demolished" by a second massive fire in 2012 and that therefore there is no longer an apartment 71 to which to restore plaintiff (see Quiles v Term Equities, 22 A.D.3d 417

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