Tenant Can't Raise C of O Argument on Appeal

April 30, 1998

LVT Number: 12310

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed, claiming that the building didn't have a certificate of occupancy (C of O), and so landlord was barred from suing tenant for back rent. The appeals court ruled against tenant. Tenant didn't raise any issue concerning the C of O before the trial court. So tenant was barred from raising this issue for the first time on appeal.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed, claiming that the building didn't have a certificate of occupancy (C of O), and so landlord was barred from suing tenant for back rent. The appeals court ruled against tenant. Tenant didn't raise any issue concerning the C of O before the trial court. So tenant was barred from raising this issue for the first time on appeal.

514 West 50 Street HDFC v. Lee: NYLJ, p. 27, col. 3 (4/20/98) (App. T. 1 Dept.; McCooe, PJ, Freedman, Gonzalez, JJ)

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