117 & 127 West 48th Street Corp. v. Gould

The landlord’s certificate of occupancy provides that the space occupied by the tenant may be used for office purposes. The tenant conducts a library service on the demised premises. This includes storing a large quantity of books. In 1950 the Department of Housing and Buildings served a violation on the landlord because the portion of the building occupied by the tenant was not being used in accord with the certificate. The violation remained dormant for five years. But in 1955 the department gave notice that upon failure to comply, prosecution would follow. The landlord gave notice to the…