Opinion
2003-1310 KC.
Decided November 1, 2004.
Appeal by landlord from an order of the Civil Court, Kings County (M. Pinckney, J.), dated August 25, 2003, dismissing the petition.
Order unanimously affirmed with $10 costs.
PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.
Housing Court correctly determined that only a natural person and not a corporation can recover an apartment for personal use (Rent Stabilization Code [ 9 NYCRR] § 2524.4 [a] [1]; Fanelli v. New York City Conciliation Appeals Bd., 90 AD2d 756, affd 58 NY2d 952; George Tut Co. v. Ahmed-Zokari, NYLJ, Dec. 14, 2000 [App Term, 2d 11th Jud Dists]; S J Realty Corp. v. Korybut, 147 Misc 2d 259) even when the principal of the corporation is its sole stockholder ( Henrock Realty Corp. v. Tuck, 52 AD2d 871; Matter of Colin v. Altman, 39 AD2d 200).