Gracecor Realty Co. v. Hargrove

—Order, Appellate Term, First Judicial Department (McCooe and Glen, JJ.; Parness, J. P., dissenting), entered April 1, 1994, affirming an order of Civil Court, New York County (Fern Fisher-Brandveen, J.), entered on or about September 16, 1991, which granted respondent-tenant’s motion to dismiss petitioner-landlord’s holdover proceeding for lack of subject matter jurisdiction, unanimously affirmed, without costs.

The subject building is admittedly a lodging house, and, as such, a class B multiple dwelling (see, 2009-2011 Third Ave. Corp. v Fifth Ave. Community Ctr., 164 Misc 2d 257, 260 [Civ…