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Parkside Grp. v. Leader

Panel Affirms Dismissal of Landlord's Nonpayment, Holdover Proceedings Against Tenant

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*1  In consolidated appeals, landlord, as limited by its briefs, appeals from (1) a final judgment of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), entered on or about November 30, 2015, after a nonjury trial, which dismissed the petition in a nonpayment summary proceeding, (2) an order (same court and Judge), dated September 23, 2016, which denied landlord’s posttrial motion to vacate the final*2

judgment on the grounds of newly discovered evidence, (3) an order of the same court (Jack Stoller, J.), entered March 28, 2016, which granted tenants’ motion for summary judgment dismissing the petition in a holdover summary proceeding and denied landlord’s cross motion for summary judgment of possession, (4) an order (same court and Judge), entered October 13, 2016, which denied landlord’s motion to renew the order of March 28, 2016.Per Curiam.Final judgment and order (Sabrina B. Kraus, J.), entered, respectively, on or about November 30, 2015 and September 23, 2016, affirmed, with one bill of $25 costs. Orders (Jack Stoller, J.), entered, respectively, March 28, 2016 and October 13, 2016, affirmed, without costs.Civil Court properly considered events beyond the four-year statute of limitations to determine whether the apartment is rent regulated (see East W. Renovating Co. v. New York State Div. of Hous. & Community Renewal, 16 AD3d 166 [2005]). “[A] tenant should be able to challenge the deregulated status of an apartment at any time during the tenancy” (Gersten v. 56 7th Ave. LLC, 88 AD3d 189, 199 [2011]).We agree that landlord failed to establish that expenditures for individual apartment improvements (IAIs) in the year prior to the high rent vacancy justified the $927.75 increase in the rent. The record shows, and the trial court

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