Landlord Proves Deregulation of Apartment
In the matter of Dixon v. 105 West 75th Street LLC, et al., Robert H. Berman, of Kucker Marino Winiarsky & Bittens, LLP, successfully defeated a tenants claim that his apartment was subject to the Rent Stabilization Law. In a decision dated April 13, 2015, Justice Manuel J. Mendez granted the Defendants pre-Answer motion to dismiss the Complaint based upon documentary evidence. The Plaintiff tenant commenced the action seeking, inter alia, a declaration that he was a rent stabilized tenant. Prior to the tenant taking occupancy the owner added a roof top addition to the building, creating two duplex apartments out of the top floor units.