WYKOFF SP, LLC v. BENNETT

2019-970 KC.

71 Misc.3d 45 (2021)

147 N.Y.S.3d 310

2021 NY Slip Op 21098

WYKOFF SP, LLC, Respondent, v. MYLES BENNETT et al., Appellants.

Supreme Court, Appellate Term, Second Department.

Decided April 16, 2021.


Attorney(s) appearing for the Case

Law Offices of Fred L. Seeman ( Fred L. Seeman and Peter Kirwin of counsel) for appellants.

Kucker, Marino, Winiarsky & Bittens, LLP ( Jason M. Frosch of counsel) for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, the order granting landlord's motion for summary judgment is vacated, and the motion is denied.

In this holdover proceeding commenced in April 2018, landlord alleges that the premises are not subject to rent stabilization, either by virtue of the Emergency Tenant Protection Act of 1974 (ETPA) (McKinney's Uncons Laws of NY § 8621 et seq. [L 1974...

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