Opinion
February 7, 1995
Appeal from the Supreme Court, New York County (Joan Lobis, J.).
To collect rent on the subject loft units, plaintiff owner was required to be in compliance with the Loft Law (Multiple Dwelling Law § 285; § 302 [1] [b]). The plaintiff withdrew its application for a necessary special permit that would have brought the subject building into compliance with the Loft Law, and then never sought to renew the application, despite a Loft Board order. It therefore cannot claim the benefits of 1992 amendments to the statute (see, Goho Equities v. Weiss, 149 Misc.2d 628, 630), and cannot seek the benefits of the 1992 amendments to the statute retroactively (Grossman v. MKF Realty Corp., 203 A.D.2d 129). As to the prospective claims for rent and illegal subletting and attendant discovery needs, it was not an abuse of discretion for the IAS Court to conclude that Civil Court was the appropriate venue (see, Sims v. Manley, 120 A.D.2d 405, affd 69 N.Y.2d 912).
We have considered the plaintiff's remaining arguments, and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Rosenberger and Ross, JJ.