Legal Opinion
Ying Lung Corp. v. Medrano
Civil Court of the City of New York
Decided May 3, 1984PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The major question raised in the motions before the court is whether a landlord may recover rent from the tenant of a store located in a multiple dwelling prior to the issuance of a certificate of occupancy for the building.
Although the court has found no reported case on this issue, it would seem that section 302 (subd 1, pars a, b) of the Multiple Dwelling Law mandates an answer in the negative. These provisions read in part as follows:
“1. a. If any dwelling or structure to be occupied in whole or in part for human habitation in violation of section…
2Cases cited2 opinions
- Wokal v. SequinCity of New York Municipal Court · 1938
- Pelnorth Construction Corp. v. GordonNew Rochelle City Court · 1957
3Cited by5 opinions
- Rittenhouse v. Barclay White Inc.Superior Court of Pennsylvania · 1993
- Elizabeth Broome Realty Corp. v. China Printing Co.Civil Court of the City of New York · 1993
- Tysons Associates v. Tribeca Audio Research Inc.Civil Court of the City of New York · 1988
- 455 Second Avenue LLC v. NY School of Dog Grooming, Inc.Civil Court of the City of New York · 2012
- In Re Variety at Roosevelt, Inc.United States Bankruptcy Court, E.D. New York · 2004