Building's Use Didn't Violate C of O

July 31, 2006

LVT Number: 19031

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that her use of the building's second floor was in violation of the C of O, so that landlord couldn't sue for back rent. The court ruled for tenant. Landlord appealed and won. There was no proof that the present layout of the building's second floor or tenant's occupancy violated the 1924 C of O, which authorized ''tenement'' use of the building's second through fifth floor.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that her use of the building's second floor was in violation of the C of O, so that landlord couldn't sue for back rent. The court ruled for tenant. Landlord appealed and won. There was no proof that the present layout of the building's second floor or tenant's occupancy violated the 1924 C of O, which authorized ''tenement'' use of the building's second through fifth floor.

Hu-Hsiang, Inc. v. Coca: NYLJ, 7/7/06, p. 37, col. 3 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)

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