Mondrow v. Days Inns Worldwide, Inc.

• Decision Date: 04 October 2016
• Citation: 2016 N.Y. Slip Op. 26316,53 Misc.3d 85,41 N.Y.S.3d 346
• Court: New York Supreme Court — Appellate Term
• Parties: Scott MONDROW, Petitioner–Appellant, v. DAYS INNS WORLDWIDE, INC., Wyndham Hotel Group LLC, Wyndham Hotel Management, Inc., Respondents, and Beverley Hotel Associates LLC, Beverley Hotel Management Corp., RJMD Associates L.P., Hampshire Hotels & Resorts, LLC, Sam Domb, Jay Domb, Frank Piscitello, Harry Persaud, Deepinder Singh, Virk Harbhajan, Jose Ramirez, Coral Castillo and David Torres, Respondents–Cross–Appellants.

53 Misc.3d 85

41 N.Y.S.3d 346

2016 N.Y. Slip Op. 26316

Scott MONDROW, Petitioner–Appellant,

v. DAYS INNS WORLDWIDE, INC., Wyndham Hotel Group LLC, Wyndham Hotel Management, Inc., Respondents,andBeverley Hotel Associates LLC, Beverley Hotel Management Corp., RJMD Associates L.P., Hampshire Hotels & Resorts, LLC, Sam Domb, Jay Domb, Frank Piscitello, Harry Persaud, Deepinder Singh, Virk Harbhajan, Jose Ramirez, Coral Castillo and David Torres, Respondents–Cross–Appellants.

Supreme Court, Appellate Term, First Department, New York.

Oct. 4, 2016.

Scott Mondrow, New York City, appellant-respondent pro se.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York City (Paul N. Gruber of counsel), for Beverley Hotel Associates LLC and others, respondents-appellants.

PRESENT: SHULMAN, J.P., GONZALEZ, J.

PER CURIAM.

Orders (Phyllis K. Saxe, J.), dated October 5, 2015, December 14, 2015, February 24, 2016 and March 1, 2016, insofar as appealable, affirmed, without costs.

We sustain the order restoring petitioner to possession of the subject hotel dwelling unit (see RPAPL § 713[10] ). On this developed record (compare Mondrow v. Days Inns Worldwide, Inc., 48 Misc.3d 95, 16 N.Y.S.3d 643 [2015] ), petitioner sustained his burden of proof that he qualified as a “permanent tenant,” inasmuch as at the hotel room was “rented to” him at the time he requested a six month lease (Rent Stabilization Code [9 NYCRR] §§ 2520.6[j] ; 2522.5[a][2]; see Ahmed v. Chelsea Highline Hotel, 49 Misc.3d 139[A], 2015 N.Y. Slip Op. 51577[U], 2015 WL 6633102 [App.Term, 1st Dept.2015] ). Petitioner's proof, which respondents failed to rebut, established that the particular rewards “points” utilized to pay for the hotel accommodation are encompassed within the broad definition of “rent” set forth in Rent Stabilization Code § 2520.6(c), i.e., “consideration, charge, fee or other thing of value, including any bonus, benefit or gratuity” (see Aron Realty Holdings, Inc. v. Pollack, 2002 N.Y. Slip Op. 50210[U], 2002 WL 1291358 [App.Term, 1st Dept.2002] ).

We do not pass upon the ancillary relief sought by petitioner relating to his permanent tenancy, such as his requests for a mechanical door lock, removal of surveillance cameras and a determination of harassment. These requests are beyond the limited scope of a forcible entry and detainer proceeding (see Saccheri v. Cathedral Props. Corp., 43 Misc.3d 20, 984 N.Y.S.2d 258 [2014] ; see also Rostant v. Swersky, 79 A.D.3d 456, 912 N.Y.S.2d 200 [2010] ), and our disposition is without prejudice to petitioner pursuing his remedies in the appropriate forum. We also note that petitioner has indicated that he has rent overcharge and harassment proceedings pending before the New York State Homes and Community Renewal.

The denial of sanctions against respondents and their counsel was a proper exercise of discretion (see Grozea v. Lagoutova, 67 A.D.3d 611, 888 N.Y.S.2d 507 [2009] ). Respondents' defense of this proceeding, including their specific argument that the rewards points at issue did not constitute rent—an issue of apparent first impression—was not frivolous within the meaning of 22 NYCRR 130–1.1. Nor did the court abuse its discretion in denying petitioner's motion for contempt. Responde...