Legal Opinion

Branic International Realty Corp. v. Pitt

Appellate Division of the Supreme Court of the State of New York

Decided April 16, 2013Published

1Opinion of the Court

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 Stabilization Code § 2520.6 (j).

Branic is the owner of a single room occupancy (SRO) rent-stabilized hotel located at 216 West 103rd Street, New…

2Cases cited7 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Jones v. BermanNew York Court of Appeals · 1975
  3. Davis v. DinkinsAppellate Division of the Supreme Court of the State of New York · 1994
  4. Concord Realty Co. v. City of New YorkNew York Court of Appeals · 1972
  5. Kanti-Savita Realty Corp. v. SantiagoAppellate Terms of the Supreme Court of New York · 2007

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