The second cause of action of the verified amended complaint adequately pleads the application of this Loft Law to the demised premises. Defendant is in error when it argues that only artists certified by the City Department of Cultural Affairs under section 276 of the Multiple Dwelling Law are entitled to the benefit of the new Loft Law. This was rejected in Pilgreen and Callis (supra), the Appellate Division noting that the tenants there, like plaintiff at bar, were photographers not certified as artists. Defendant finds further fault with the second cause of action in that plaintiff has not established that three families lived in the building during the relevant period and that residential use could be permitted by administrative certification. These matters present questions of fact and cannot be resolved on the face of the pleading. Defendant can derive no comfort from Justice Glen’s denial of the tenant’s application for summary judgment on the issue of interim multiple dwelling in 129 Front Co. v Arctander (NYLJ, Oct. 20, 1982, p 6, col 3). She denied summary judgment without prejudice to renewal; she did not dismiss the tenant’s claim that the building was an interim multiple dwelling.
CONSTITUTIONALITY OF THE LOFT LAW