Legal Opinion
Phillips & Huyler Associates v. Flynn
Appellate Division of the Supreme Court of the State of New York
Decided March 26, 1996PublishedCited by 5 opinions
1Opinion of the Court
The lease in question here, executed by petitioner’s predecessor and respondent-tenant, allowed for use of the premises to conduct psychotherapy and counseling. Accepting the tenant’s proof offered both at trial and on the motion for a new trial based on newly discovered evidence that the leased premises could not be used for its intended purpose due to the certificate of occupancy and zoning regulations, such fact does not relieve the tenant of the obligation to pay rent for the period of time he occupied the premises (see, Abright v Shapiro, 92 AD2d 452, 453-454, appeal after remand 206…
2Cases cited6 opinions
- National Conversion Corp. v. Cedar Building Corp.New York Court of Appeals · 1969
- Municipal Metallic Bed Manufacturing Corp. v. DobbsNew York Court of Appeals · 1930
- Elkar Realty Corp. v. KamadaAppellate Division of the Supreme Court of the State of New York · 1958
- Abright v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1983
- Abright v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by5 opinions
- Metropolitan Transportation Authority v. 2 Broadway L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
- Casilia v. Webster LLCAppellate Division of the Supreme Court of the State of New York · 2016
- 2009-2011 Third Avenue Corp. v. Fifth Avenue Community Center of Harlem, Inc.Appellate Terms of the Supreme Court of New York · 1996
- 455 Second Avenue LLC v. NY School of Dog Grooming, Inc.Civil Court of the City of New York · 2012
- Shawkat v. MalakAppellate Terms of the Supreme Court of New York · 2013