455 Second Avenue LLC v. NY School of Dog Grooming, Inc.

*934OPINION OF THE COURT

Margaret A. Chan, J.

The decision/order on this motion is as follows:

Petitioner landlord commenced a summary proceeding against one of its tenants, NY School of Dog Grooming, Inc., the respondent herein, for nonpayment of rent. Respondent filed the instant motion to dismiss the petition claiming that no rent is due as there is no proper certificate of occupancy (C of O) for its premises. Petitioner opposed the motion arguing that pursuant to the parties’ lease, the duty to obtain a C of O appropriate for tenant’s use of the premises as a dog grooming school falls on the…