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Alphonse Hotel Corp. v. Roseboom
Citation: 26 Misc. 3d 67
Court: Appellate Terms of the Supreme Court of New York; December 17, 2009; New York; State Appellate Court
Order dated October 3, 2008, is reversed, and the landlord's motion for summary judgment is denied without costs. The core issue in this nonpayment summary proceeding and the tenant's counterclaim for rent overcharge is determining if the hotel unit is subject to rent stabilization. This determination relies on whether the rent charged on May 31, 1968, was $350 or less per month or $88 or less per week, as stipulated in the Rent Stabilization Law of 1969. The landlord did not provide adequate evidence to demonstrate the deregulated status of the unit. The evidence presented, particularly the 1968 "Hotel Motel Red Book," indicated single-occupancy rates between $11 and $14 per day, failing to prove that the rental value exceeded the statutory threshold. The $11 daily rate, when calculated weekly or monthly, undermines the landlord's position. Furthermore, the court ruled that collateral estoppel should not apply to a prior jury finding regarding stabilization coverage from a different tenant's eviction case, as the current tenant was not a party to that proceeding and thus lacked the opportunity to contest the ruling. The landlord will be responsible for proving the 1968 rental value during the trial. Judges McKeon, Schoenfeld, and Heitler concur with this opinion.