1250 Broadway, 27th Floor New York, NY 10001



A few years back, Hotel New Yorker commenced a holdover proceeding to remove a "guest," M.B., who occupied a room on its property.

When the landlord initiated the case it served a “10-day Notice to Quit” – a document that is usually given when a person is occupying space pursuant to a “license;” typically a revocable and non-exclusive right to use space, like a hotel room. And, in this case, the landlord alleged that the room was exempt from rent stabilization, because the "`rent charged’ for the subject unit exceeded $350 per month or $88 per week on the statutory base date of May 31, 1968.”

But there was just one problem with its case, the hotel wasn’t able to show that the exemption applied. After the New York County Civil Court found in favor of M.B., and dismissed the case, an appeal ensued, and the Appellate Term, First Department, concurred with the trial judge. Apparently, the hotel didn’t offer any “direct evidence of what rent was charged for the room, or for any other room in the hotel, in 1968."

Given that paucity of proof, the AT1 allowed the dismissal to stand.

Now, M.B. must have thought that was suite.

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New Yorker Hotel Mgt. Co., Inc. v M.B.