Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

LT No. 310921-23

Slip Opinion Number

2022 NY Slip Op 51412(U)

Petitioner

United 90 LLC

Respondent

Artemio Gonzalez, Noelia Gonzalez

Judge

Cohen, Hannah

Decision/Order Date

2022-11-22

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord brought a non-payment proceeding against tenant. Tenant argued the lease was invalid and that landlord lacked a valid certificate of occupancy due to illegal cellar conversion. Court granted tenant's motion to dismiss, finding landlord could not collect rent without a valid CO under MDL 302(1)(b).

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