Among the vexing problems of our dynamic urban condition in New York City has been the nonjuris status of the leasehold interest exemplified by the controversy at bar. Tenants have been eager to take advantage of the hitherto cheap availability of loft space for commercial and residential purposes. Landlords, perhaps competing in a declining market for commercial and manufacturing space, have been willing to conspire with tenants to satisfy the needs of both — but “outside the pale of the law.” (Corris v 129 Front Co., 85 AD2d 176, 179.) Tenants would rent raw space and invest significant sums in fixtures, such as bathrooms and kitchens, to make the space livable, or purchase these emoluments from prior tenants. Yet, these arrangements offended the public interest in safety, health, zoning and commerce. Since commercial and manufacturing premises are not compatible with residential needs, and as demands shifted from commercial to residential space, numerous tensions arose between lessors and lessees under these arrangements. Services required for living, such as elevators, electricity, heat and fire prevention became the focal point for litigation.