Lack of Proper C of O No Bar to Nonpayment Case

June 30, 2002

LVT Number: 15968

Landlord sued to evict tenant from an illegal apartment in a single-family house. The court gave landlord a judgment of possession but denied any award of back rent owed because there was no proper C of O. Tenant appealed and won. The lower court found that no back rent was owed. And if no back rent was owed, landlord wasn't entitled to a judgment of possession. The appeals court also noted that lack of a proper C of O was no bar to a nonpayment proceeding in Yonkers.

Landlord sued to evict tenant from an illegal apartment in a single-family house. The court gave landlord a judgment of possession but denied any award of back rent owed because there was no proper C of O. Tenant appealed and won. The lower court found that no back rent was owed. And if no back rent was owed, landlord wasn't entitled to a judgment of possession. The appeals court also noted that lack of a proper C of O was no bar to a nonpayment proceeding in Yonkers.

Corbin v. Briley: NYLJ, 6/14/02, p. 23, col. 5 (App. T.1 Dept.; Floyd, PJ, Doyle, Colabella, JJ)

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