480-486 Broadway, LLC v No Mystery Sound, Inc.

[*1] 480-486 Broadway, LLC v No Mystery Sound, Inc. 2007 NY Slip Op 51730(U) [16 Misc 3d 137(A)] Decided on September 13, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 13, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., McCooe, Davis, JJ
570652/06.

480-486 Broadway, LLC Petitioner-Landlord-Appellant,

against

No Mystery Sound, Inc., Respondent-Tenant-Respondent.

Landlord appeals from that portion of an order of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered February 6, 2006, which denied its motion to dismiss tenant's affirmative defenses and counterclaim in a holdover summary proceeding.

PER CURIAM:

Order (Saliann Scarpulla, J.), entered February 6, 2006 affirmed, with $10 costs, for the reasons stated by Saliann Scarpulla, J., at Civil Court.

In affirming, we note that since the residential loft unit here involved appears to be capable of being legalized, it may ultimately be shown to qualify for rent stabilization protection under the Emergency Tenant Protection Act (see Duane Thomas LLC v Wallin, 35 AD3d 232, 233 [2006]; 142 Fulton LLC v Hegarty, 41 AD3d 286 [2007]; cf. Wolinsky v Kee Yip Realty Corp., 2 NY3d 487 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 13, 2007