Phillips & Huyler Associates v. Flynn

OPINION OF THE COURT

Final judgment entered June 2, 1992 and order entered December 1, 1992 affirmed, with $25 costs.

This is a nonpayment proceeding where residential apartment premises were rented for commercial purposes in violation of the certificate of occupancy and applicable zoning resolution. The tenant leased the space for the practice of psychotherapy and was authorized to sublet to five additional occupants practicing in the same capacity. The issue framed for decision is whether landlord is precluded from collecting rent or maintaining summary proceedings for nonpayment in the…