Per Curiam
Landlord appealed from a Civil Court final judgment which dismissed the summary holdover proceedings. Landlord sought to recover two apartments alleging it terminated their month-to-month tenancies. Tenants argued their apartments were rent stabilized as the building had eight residential units, not the five listed in the certificate of occupancy. The civil court agreed, dismissing landlord’s holdover petitions. On appeal, landlord now argued that while there may have been eight apartments, they were not rent stabilized. It claimed illegal apartments could not become rent stabilized unless the owner knew of or acquiesced in the unlawful conversion of space from commercial to residential use, and owner sought to legalize the conversion. The panel agreed with the civil court that the holding in Wolinsky v. Kee Yip Realty was inapplicable here as Wolinsky was limited to the illegal conversion of lofts. Therefore, the unanimous panel concluded the civil court correctly held that the subject apartments were rent stabilized, and thus, properly dismissed the holdover petitions for failure to state a cause of action.
