Opinion
570235/04.
Decided September 17, 2004.
Tenant appeals from an order of the Civil Court, New York County, dated March 16, 2004 (Inez Hoyos, J.) denying his pre-answer motion to dismiss the holdover petition.
Order dated March 16, 2004 (Inez Hoyos, J.) affirmed, with $10 costs.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
The tenant's pre-answer motion to dismiss the holdover proceeding was properly denied. Viewing the allegations of the petition in the light most favorable to the landlord ( see 182 Fifth Ave., LLC v. Design Dev. Concepts, 300 AD2d 199), the thin record raises triable issues as to whether the subject loft unit is eligible for or exempt from protection under rent stabilization ( id.; see also Duane Thomas LLC v. Wallin, 8 AD2d 193).
This constitutes the decision and order of the court.