Summary
In Chats-worth 72nd St. Corp. v Rigai (35 NY2d 984), the Court of Appeals, adopting the opinion of then-Judge Beatrice Shainswit of the Civil Court of the City of New York (71 Misc 2d 647), held that where the tenant had prevented the owner from obtaining a residential certificate of occupancy, Multiple Dwelling Law § 302 does not bar the collection of rent from the tenant.
Summary of this case from Caldwell v. American PackageOpinion
Argued January 9, 1975
Decided January 20, 1975
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BEATRICE SHAINSWIT, J.
Barbara Schulman and George C. Stewart for appellants.
Lawrence F. Anito, Jr. for respondent.
Order affirmed, without costs, on the opinion of Judge BEATRICE SHAINSWIT at the Civil Court of the City of New York.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.