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Matter of Bleecker St. Invs., LLC v. Zabari
Citations: 2017 NY Slip Op 2149; 148 A.D.3d 577; 50 N.Y.S.3d 332Docket: 3489 570731/15 72392/12
Court: Appellate Division of the Supreme Court of the State of New York; March 23, 2017; New York; State Appellate Court
Original Court Document: View Document
The case "In re Bleecker Street Investors, LLC v Zabari" involves a landlord-tenant dispute where the petitioner, Bleecker Street Investors, sought possession of an apartment from tenant Doron Zabari. The Appellate Division, First Department, reversed a prior order from the Civil Court that had denied the landlord's motion for summary judgment regarding a holdover petition. The appellate court found that collateral estoppel did not prevent the tenant from contesting the apartment's alleged nonregulated rent status because he had not been notified of a 2005 Loft Board determination affecting this status. The court emphasized that an apartment's regulated status is continuous until proven otherwise, and the tenant presented sufficient evidence raising triable issues about the basis for deregulation. Additionally, a previous article 78 proceeding filed by the tenant in 2012, which challenged the Loft Board's determination, did not bar him from asserting defenses and a counterclaim in the current proceedings because those issues had not been conclusively decided. The case was remanded for further proceedings to determine the appropriate use and occupancy fees and reasonable attorneys' fees.