Landlord Claimed Basement Apartment Violated C of O

March 1, 2006

LVT Number: 18672

Landlord sued to evict tenant for using a basement duplex apartment as a residence in violation of the building's C of O. The court ruled against landlord after a trial. Landlord appealed and lost. Landlord didn't prove its claim at trial. And even if tenant did use the apartment as a residence, landlord didn't show that the C of O couldn't be amended.

Landlord sued to evict tenant for using a basement duplex apartment as a residence in violation of the building's C of O. The court ruled against landlord after a trial. Landlord appealed and lost. Landlord didn't prove its claim at trial. And even if tenant did use the apartment as a residence, landlord didn't show that the C of O couldn't be amended.

Zaccaro v. Freidenberg: NYLJ, 2/1/06, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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