Opinion
June 10, 1965
Appeal from the Civil Court of the City of New York, County of New York, GEORGE STARKE, J.
Charles J. Fine for appellant.
Szold Schapiro ( Martin Szold of counsel), for respondent.
Subdivision f (par. [1], cls. [a], [b]) of section 2 of the New York City Rent, Eviction and Rehabilitation Regulations relates only to leases for entire structures or premises, as distinguished from the individual housing accommodations therein contained. The entire structure or premises at bar is the building 400 West 57th Street, New York, not the individual apartments therein contained. Moreover, the tenant resided in the premises ( Matter of McCoy v. McGoldrick, 303 N.Y. 744).
The final judgment should be reversed, with $30 costs, and the petition dismissed, with costs.
Concur — CAPOZZOLI, J.P., HOFSTADTER and HECHT, JJ.
Final judgment reversed, etc.