In an action in ejectment, summary judgment awarding landlord-plaintiff possession of the apartment is reversed where a landlord of a New York City loft who has not complied with the Loft Law and has not received an extension of time to comply may not maintain an ejectment action based on non-payment of rent.

In a declaratory relief action by an out-of-possession lessee of commercial premises, the lower courts’ denial of equitable relief from its failure to timely renew the lease is affirmed, where the lessee would not incur a substantial loss if the lease were not renewed, since: 1) the lessee had not made any improvements since subletting the premises over 20 years earlier; 2) litigation expenses incurred by the lessee to cure alleged defaults on the part of a sublessor did not constitute substantial improvements to the premises; and 3) the improvements the lessee made while in possession were not made with a view toward renewal of the lease such that its equitable interest in a renewal had to be protected.