Euclid Holding Co. v. Schulte

The ground upon which the trial court dismissed the petition against the tenant was that the lease of the building was illegal by reason of the failure of the landlord to procure a certificate of occupancy after the completion of alterations, in accordance with section 411-a of the Greater New York Charter† and section 5 of the Building Code. The lease provides for legal occupation of the premises, and the tenant covenanted that during the *833term he would promptly observe and at his own expense comply with and execute all present and future laws, etc. The provision for a certificate of…