Opinion
March 30, 1989
Appeal from the Supreme Court, New York County (Andrew R. Tyler, J.).
Issues of fact exist on this record as to whether defendant's occupancy is residential, commercial, or both. The lease itself reflects a commercial usage. The record contains no evidence that defendant resided on the premises. The usage of the leased premises has not been proven, and questions of fact therefore exist as to whether the premises fall within the protection of the Rent Stabilization Law and whether defendant is entitled to a renewal lease. (Golfinos v. 400 Coop. Corp., 110 A.D.2d 522; Matter of Zeitlin v. New York City Conciliation Appeals Bd., 46 N.Y.2d 992.) We remand for a determination of these issues.
Concur — Murphy, P.J., Kupferman, Carro, Rosenberger and Smith, JJ.