Alphonse Hotel Corp. v. Fusco

OPINION OF THE COURT

Final judgment entered on or about July 2, 1999 reversed, and new trial ordered, without costs.

*220The threshold question raised at the trial of this nonpayment summary proceeding was whether tenant’s hotel unit is subject to rent stabilization coverage. In presenting the issue to the jury for resolution, the trial court correctly framed the appropriate inquiry as a monetary one — whether the “rent charged” for the unit was less than $350 per month or $88 per week on May 31, 1968 (Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-506 [a]; see, Towers…