Mesfree Realty Corp. v. Huyler's

A lease may not be avoided by a tenant in possession solely because the landlord has failed to obtain a certificate of occupancy. Something more must be shown • — • a violation of some provision which directly and substantially concerns the public health, safety and welfare. (Minton v. Schulte, Inc., 153 Misc. 195.)

Judgment and order affirmed, with costs.

All concur; present, Lydon, Hammer and Shientag, JJ.