Manhattan Square Beresford, Inc. v. Markin

Having taken possession and occupied under his lease for over two years, and still retaining, possession of premises in a building for which a certificate of compliance was obtained from the proper department, it is no defense to the landlord’s demand for rent that in certain respects, as to which no violations have been filed, the structure did not comply with the requirements of the Building Code.

With regard to the illegal occupancy of the so-called pavilion, the premises demised were “ those certain rooms known as apartment 21-A and pent house A on the twenty-first and roof floor of the…