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Judge Finkelstein Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=121204 THESE consolidated “no grounds” holdover proceedings were predicated on the claim the apartments at issue were not subject to rent regulation. Respondent tenants moved for summary judgment dismissing the petition, claiming they were rent-stabilized tenants who could not be evicted without basis. They alleged petitioner had applications pending to obtain a residential certificate of occupancy until an application was withdrawn subsequent to the service of the notices of termination, but prior to the commencement of these proceedings. Petitioner alleged the exception under the Emergency Tenant Protection Act (ETPA) was inapplicable as petitioner did not take steps to legalize the premises during the pendency. The court stated that ignoring the declaratory action by the tenants to obtain ETPA protection would vitiate the limited exception established in South Eleventh Street Tenants Ass’n v. Dov Land, and owners would merely withdraw any pending legalization petitions before commencing “no fault” summary proceedings against residential loft tenants. It found petitioner actually sought to legalize the residential use, and granted respondents summary judgment dismissal.

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