David secured a victory for a group of Brooklyn loft tenants in 223-15 Realty Corp. v. Basse, et al. In this case, the landlord commences an “ejectment action” in Supreme Court to evict all the tenants of a loft building. David defended the case by arguing that the tenants were protected by the 2010 amendments to the Loft Law. The landlord responded by contending that the building was not capable of being and, as a result, could not be covered. Supreme Court Justice Wayne Saitta resoundingly rejected the landlord’s argument, ruled that the tenants were protected by the Loft Law and referred the legalization issues to the Loft Board.
