Gracecor Realty Co. v. Hargrove

—Order, Appellate Term, First Judicial Department (McCooe and Glen, JJ.; Parness, J. P., dissenting), entered April 1, 1994, affirming an order of Civil Court, New York County (Fern Fisher-Brandveen, J.), entered on or about September 16, 1991, which granted respondent-tenant’s motion to dismiss petitioner-landlord’s holdover proceeding for lack of subject matter jurisdiction, unanimously affirmed, without costs.

The subject building is admittedly a lodging house, and, as such, a class B multiple dwelling (see, 2009-2011 Third Ave. Corp. v Fifth Ave. Community Ctr., 164 Misc 2d 257 , 260 [Civ Ct, NY County, Evans, J.]) subject to rent stabilization (see, Matter of Gottlieb v Mirabal, 123 AD2d 574 , 577, Iv denied 69 NY2d 609 ). Because respondent’s cubicle unit is not expressly excluded from coverage under the Emergency Tenant Protection Act, it was properly held to be a "housing accommodation” for rent stabilization purposes (Matter of Ruskin v Miller, 172 AD2d 164 ; Ghelardi v Donnelly, NYLJ, Apr. 21, 1993, at 22, col 6 [Civ Ct, NY County, Taylor, J.]). Multiple Dwelling Law § 66 which might appear to suggest a different result is not a rent regulation statute and is thus inapplicable on the issue of regulated status. Concur—Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.