The N* Family Trust v. H*, the central issue was whether two contiguous buildings constituted a horizontal multiple dwelling, thereby subjecting them to rent stabilization regulations.
Initially, the Civil Court ruled in favor of the tenant, FH, granting summary judgment and dismissing the petition. The court determined that the buildings formed a horizontal multiple dwelling, entitling the tenant to a renewal lease under the Rent Stabilization Law. Additionally, the court denied the landlord’s request to amend the petition to substitute the N* Family Trust with its trustee, MG.
On appeal, the Appellate Term, Second Department, reversed the lower court’s decision. It found that the Civil Court had improperly engaged in issue determination on summary judgment, as there were "triable issues of fact" regarding whether the buildings truly constituted a horizontal multiple dwelling. The appellate court also ruled that the petition could be amended to reflect the trustee as the proper party, as a trust itself cannot maintain an action.
Ultimately, the appellate court vacated the Civil Court’s ruling, reinstating the case for further proceedings.
I guess you could say that horizontal living led to a vertical legal struggle?
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DECISION