Mandel v. Pitkowsky

In Mandel v. Pitkowsky (102 Misc. 2d 478 [App Term, 1st Dept 1979, per curiam], affd for reasons stated below 76 A.D.2d 907, 429 N.Y.S.2d 904 [1st Dept 1980] the Appellate Term wrote that if a landlord condones residential use in a building occupied by at least three loft tenants living independently of one another, the building is a de facto multiple dwelling; that a landlord that fails to allege multiple-dwelling status may not maintain a holdover proceeding; and that the apartments are subject to rent stabilization. (102 Misc. 2d at 479-481.)