Legal Opinion
Phillips & Huyler Assocs. v. Flynn
Civil Court of the City of New York
Decided May 19, 1992PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Louis B. York, J.
Can a commercial tenant pursuant to a commercial lease successfully withhold his rent because the certificate of occupancy requires that the premises shall be used for residential purposes? For the reasons stated infra, I find against the tenant on this issue and the related issues of damages raised by it.
*690This is a combined holdover and nonpayment action, both of which are based on the tenant’s rent arrears. The nonpayment petition, based on a lease which was negotiated with the respondent by the petitioner’s predecessor in title, alleges base rent from…
2Cases cited9 opinions
- Chinatown Apartments, Inc. v. Chu Cho LamNew York Court of Appeals · 1980
- Lipkis v. PikusAppellate Terms of the Supreme Court of New York · 1979
- Hornfeld v. GaareAppellate Division of the Supreme Court of the State of New York · 1987
- Silver v. Moe's Pizza, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Lipkis v. PikusCivil Court of the City of New York · 1978
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3Cited by1 opinion
- 455 Second Avenue LLC v. NY School of Dog Grooming, Inc.Civil Court of the City of New York · 2012