73 Tribeca LLC v. Greenbaum

OPINION OF THE COURT

Final judgment entered July 25, 2012, reversed, with $30 costs, and final judgment awarded in favor of tenant dismissing the holdover petition.

The credible evidence adduced at trial does not adequately support the allegations of the holdover petition that the subject loft unit was deregulated by virtue of the predecessor owner’s 1987 “constructive purchase” of fixtures belonging to a prior tenant (Seery). Absent from petitioner landlord’s trial presentation was the requisite showing that Seery “abandoned the fixtures and the loft with rent unpaid in an amount exceeding the…