NONPAYMENT PROCEEDING WASN'T MAINTAINABLE
After the New York County Civil Court dismissed its nonpayment petition, the landlord – Ormonde Equities – appealed.
On its review of the dispute, the Appellate Term, First Department, noted that because the building lacked a valid “certificate of occupancy,” under state law, the owner wasn't legally permitted to use a summary proceeding to collect rent. (See Multiple Dwelling Law §§ 301, 302[1][a],[b]).
Given that irregularity, the AT1 thought the Civil Court had “properly granted” the tenant's dismissal request and left the outcome undisturbed.
Don't you think they were pretty dismissive there?
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DECISION