40 Clinton Street Associates v. Dolgin

OPINION OF THE COURT

Margaret Taylor, J.

In their motions for summary judgment, respondents (Tenants) allege that the above nonpayment proceedings must be dismissed on the ground that petitioner (Landlord) is barred from maintaining any action or proceeding for the collection of rents because no certificate of occupancy exists for the premises (the building) and none existed during the period for which rents are claimed. Tenants base their motions on subdivision 1 of section 301 and section 302 (subd 1, par b) of the Multiple Dwelling Law.

The apartments in the building are rented for dwelling…