TUAN MAI v. SP 1143 SECOND LLC

Index No. 153368/22. Appeal No. 1139. Case No. 2023-03359.

221 A.D.3d 566 (2023)

200 N.Y.S.3d 352

2023 NY Slip Op 06204

Tuan Mai, Respondent, v. SP 1143 Second LLC, Appellant.

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

Decided November 30, 2023.


Attorney(s) appearing for the Case

Belkin, Burden, Goldman, LLP, New York ( Magda L. Cruz of counsel), for appellant.

FishmanLaw Group, PLLC, New York ( Ellery Ireland of counsel), for respondent.

Concur— Kapnick, J.P., Webber, Singh, Moulton, Scarpulla, JJ.


Order, Supreme Court, New York County (Gerald Lebovits, J.), entered on or about May 3, 2023, which denied defendant's motion to dismiss the complaint in its entirety, and granted plaintiff's cross-motion for summary judgment to the extent of declaring that plaintiff's apartment is subject to rent stabilization, unanimously affirmed, without costs.

The court properly concluded that pursuant to Administrative Code of the City of New York § 26-504(c), plaintiff...

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