Appellate Terms of the Supreme Court of New York, 1949

Guarino v. Timares

Appellate Terms of the Supreme Court of New York · Decided October 20, 1949

196 Misc. 414; 94 N.Y.S.2d 262; 1949 N.Y. Misc. LEXIS 3075

Counsel

Samuel Schneebaum and Louis L. Friedman for appellant., Santo W. Crupe for respondent.

Opinion of the Court

Per Curiam.

It is undisputed that there was no certificate of occupancy issued for the premises in question and that the violation existed during the period for which rent was claimed. This proceeding for nonpayment of rent is therefore barred by the provisions of paragraph b of subdivision 1 of section 302 of the Multiple Dwelling Law. (Conka v. MacAloon, N. Y. L. J., Jan. 12, 1948, p. 132, col. 4; Mellini v. Di Martino, N. Y. L. J., March 16, 1940, p. 1218, col. 6.)

The final order and judgment should be unanimously reversed upon the law, with $30 costs to the tenant, and landlord’s petition dismissed, with appropriate costs in the court below.

Steinbrink, Fennelly and Rubenstein, JJ., concur.

Final order and judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.