Legal Opinion
Coulston v. Teliscope Productions, Ltd.
Appellate Terms of the Supreme Court of New York
Decided December 17, 1975PublishedCited by 5 opinions
1Per curiam
The tenant herein successfully defended these nonpayment summary proceedings upon the principal contention that the landlord failed to acquire a certificate of occupancy, in violation of sections 301 and 302 of the Multiple Dwelling Law. Assuming arguendo that the subject premises constitute a multiple dwelling (see Multiple Dwelling Law, § 4, subd 7; Matter of Herzog v Thompson, 50 Misc 2d 488), the defense is inapplicable to the instant case. Section 302 is a penal statute in derogation of the common law and should be strictly construed so that a landlord is not deprived of rent due for the…
2Cases cited13 opinions
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Chatsworth 72nd Street Corp. v. RigaiNew York Court of Appeals · 1975
- Chatsworth 72nd Street Corp. v. RigaiAppellate Division of the Supreme Court of the State of New York · 1973
- Chatsworth 72nd Street Corp. v. RigaiAppellate Terms of the Supreme Court of New York · 1973
- Chatsworth 72nd Street Corp. v. RigaiCivil Court of the City of New York · 1972
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3Cited by5 opinions
- Chausse v. CozMassachusetts Supreme Judicial Court · 1989
- Equities v. WeissAppellate Terms of the Supreme Court of New York · 1991
- Phillips & Huyler Assocs. v. FlynnCivil Court of the City of New York · 1992
- 24th Street Holding LLC v. MartinezAppellate Terms of the Supreme Court of New York · 2013
- Pickering v. ChappeAppellate Terms of the Supreme Court of New York · 2010