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SUSAN STULZ plf-ap, v. 305 RIVERSIDE CORP., def-res

4099. SUSAN STULZ plf-ap, v. 305 RIVERSIDE CORP., def-res — Sokolski & Zekaria, P.C., New York (Daphna Zekaria of counsel), for ap — Horing Welikson & Rosen, P.C., Williston Park (Niles C. Welikson of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 26, 2016, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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4099. SUSAN STULZ plf-ap, v. 305 RIVERSIDE CORP., def-res — Sokolski & Zekaria, P.C., New York (Daphna Zekaria of counsel), for ap — Horing Welikson & Rosen, P.C., Williston Park (Niles C. Welikson of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 26, 2016, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

As a result of the Court of Appeals decision in Roberts v. Fishman Speyer Props., L.P. (13 NY3d 270 [2009]), a tenant is entitled to rent-stabilized status for the duration of the tenancy and to collect any rent overcharges, where an apartment was improperly deregulated at a time when the landlord was receiving J-51 benefits (see 72A Realty Assoc. v. Lucas, 101 AD3d 401, 401-402 [1st Dept 2012]).

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