Elizabeth Broome Realty Corp. v. China Printing Co.
Civil Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
In this commercial nonpayment proceeding, petitioner and respondent each have moved for summary judgment. The parties agree that there is no triable material issue, and that the court must resolve a novel issue of law: May a landlord recover rent from a commercial tenant located in a multiple dwelling upon expiration of the temporary certificate of occupancy for the commercial space, when the landlord had ap*573plied for a new certificate, but before the Buildings Department issued one.
FACTS
Petitioner commenced this summary proceeding based upon…
2Cases cited1 opinion
- Ying Lung Corp. v. MedranoCivil Court of the City of New York · 1984
3Cited by4 opinions
- 99 Commercial Street, Inc. v. LlewellynAppellate Division of the Supreme Court of the State of New York · 1997
- 455 Second Avenue LLC v. NY School of Dog Grooming, Inc.Civil Court of the City of New York · 2012
- 58 East 130th Street LLC v. MoutonCivil Court of the City of New York · 2009
- In Re Variety at Roosevelt, Inc.United States Bankruptcy Court, E.D. New York · 2004