Legal Opinion
Alphonse Hotel Corp. v. Roseboom
Appellate Terms of the Supreme Court of New York
Decided December 18, 2009Published
1Opinion of the Court
*68OPINION OF THE COURT
2Per curiam
Order, dated October 3, 2008, reversed, without costs, and landlord’s motion for summary judgment is denied.
The proper resolution of this nonpayment summary proceeding, and tenant’s rent overcharge counterclaim, rests upon whether the demised hotel unit is subject to rent stabilization coverage, a question which, in turn, hinges on whether the “rent charged” for the unit was $350 or less per month or $88 or less per week on May 31, 1968 (Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-506 [a]; see Towers Hotel Invs. Corp. v Davis, 54 AD2d 730…
3Cases cited3 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Liss v. Trans Auto Systems, Inc.New York Court of Appeals · 1986
- Alphonse Hotel Corp. v. FuscoAppellate Terms of the Supreme Court of New York · 2001