Carter v. Utz

Defendant appeals from an order granting plaintiffs’ motion for summary judgment. The complaint sets forth three causes of action. The first two causes seek to recover alleged unpaid rent for the months of June, 1953, to October, 1953, inclusive, at the rate of $100 per month. The answer, among other defenses, alleges that during the stated period the leased premises were not a legal dwelling because no certificate of occupancy had been issued for the dwelling.

It is further alleged that on July 10, 1953, a final order was entered in Municipal Court in favor of the defendant in an action…