In Little West 12th St. Realty, L.P. v. Inconiglios , a landlord filed a holdover case against its tenant on the grounds that the unit wasn't subject to the protections of the "loft law."
When New York County Civil Court granted the tenant's motion to dismiss, the landlord appealed to the Appellate Term, First Department, which was of the view Inconiglios was subject to regulatory protection.
The testimony of current and former residents established the building had been previously used for commercial purposes, that three or more families had occupied the building for residential purposes during the governing "window period" of April 13, 1980 through December 1, 1981, and, that someone continued to occupy the building through May 1, 1987.
The landlord's efforts in this case appeared to have been far from lofty.
To download a copy of the Appellate Term's decision, please use this link: Little West 12th St. Realty, L.P. v. Inconiglios