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388 Broadway LLC v. Salaway

Subtenant's Defense of Illusory Tenancy in Holdover Proceeding Fails, Dismissed

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*1  388 Broadway LLC, the petitioner in this proceeding (“Petitioner”), commenced this holdover proceeding against Mario Bosquez, a respondent in this proceeding (“Respondent”), and Elizabeth Salaway, another respondent in this proceeding (“Co-Respondent”), seeking possession of 388 Broadway #4E, New York, New York (“the subject premises”) on the ground that the subject premises is subject to Article 7-C of the Multiple Dwelling Law, commonly known as the “Loft Law”, that Co-Respondent does not maintain the subject premises as her primary residence, and that Respondent’s occupancy is derivative Co-Respondent’s tenancy. Respondent interposed an answer containing a defense that he had been the victim of an illusory tenancy scheme of Respondent and Petitioner. The Court held a trial in this matter on June 5, 2017, August 31, 2017, and September 25, 2017.The trial expediter referred this proceeding to the trial part contemporaneous with a referral of a licensee holdover proceeding that Co-Respondent had commenced against Respondent, captioned at Salaway v. Bosquez, Index # L/T 90628/2012 (Civ. Ct. N.Y. Co.) (“the

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