[U] 315 Berry Street Corp. V. Huang

In this a loft holdover proceeding, consolidated on consent under CPLR 602 (a) and CCA § 110 (b), petitioner seeks possession and use and occupancy, currently over $100,000. Petitioner began this proceeding by serving three 30-day termination notices on the tenants and undertenants of three units in an interim multiple dwelling (IMD) building--Units 4N, 6N, and 6S--at 315 Berry Street in Williamsburg, Brooklyn. The units, located in a mixed-use building covered under MDL Article 7-C, the Loft Law, have commercial certificates of occupancy but are in an area that permits residential use as of right. Petitioner, both sides agree, is now trying expeditiously to secure a residential certificate of occupancy. Petitioner registered the units with the New York City Loft Board and then, more than a decade ago, bought their Loft Law rights under MDL § 286 (12) and Loft Board Regulation 2-10 (c) from the residential tenants then residing there.