530 Second Street Co., L.P. v. Alirkan

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.

Landlord commenced this summary proceeding pursuant to RPAPL 713 (11), alleging that the subject apartment was exempt from rent stabilization because it had been used as an apartment for the building superintendent or an employee, that occupant was landlord’s former employee, and that the “rent level reflected this employment.” After a nonjury trial, the Civil Court, noting, among other things, that,…