191 Chrystie LLC v. Ledoux

Order, Supreme Court, New York County (Martin Shulman, J), entered March 17, 2008, which, in this declaratory judgment action by plaintiff owner to determine whether defendant is a *412protected tenant under Multiple Dwelling Law article 7-C (Loft Law), denied defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Defendant failed to demonstrate compliance with, or even address, the rule governing a prime tenant’s right to protected tenant status upon recovery of vacated space (see NY City Loft Board Regulations [29 RCNY] § 2-09 [c] [5] [iii]). Defendant’s reliance on a…