Prana Growth Fund I, L.P. v. Lazada

OPINION OF THE COURT

Barbara R. Kapnick, J.

Plaintiffs complaint seeks a judgment of possession based on plaintiffs contention that defendant’s tenancy is in violation of the certificate of occupancy and cannot be legalized.

*668Defendant contends that the apartment in which he has lived with his family since 1989 is located in a building consisting of more than five dwelling units and is thus protected by Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-501 et seq. and Rent Stabilization Code (9 NYCRR) § 2520.1 et seq.

Defendant now moves for. an order dismissing the complaint…