Ortiz v. Sohngen

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, without costs.

In this holdover proceeding, the petition alleges that the subject apartment is not rent regulated because it “is within a building containing less than six apartments.” Pursuant to a stipulation, so much of the proceeding as was against tenant Oliver M. Sohngen was discontinued. Amanda Andries (tenant) answered, asserting that the building contained more than six residential units and that the petition was defective because it failed to accurately state the rent-regulatory status of the building. Tenant moved to…