Tenant Ejected from Illegal Basement Apartment

LVT Number: 10393

(Decision submitted by Lawrence Schiro of the Yonkers law firm of Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., attorneys for the landlord.) Landlord sued to eject tenant from an illegal basement apartment. Landlord asked the court to decide the case without a trial. The court ruled for landlord. It was undisputed that tenant lived in illegal basement apartment for which there was no certificate of occupancy. Violations had been placed on the building because of tenant's residential use of the apartment.

(Decision submitted by Lawrence Schiro of the Yonkers law firm of Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., attorneys for the landlord.) Landlord sued to eject tenant from an illegal basement apartment. Landlord asked the court to decide the case without a trial. The court ruled for landlord. It was undisputed that tenant lived in illegal basement apartment for which there was no certificate of occupancy. Violations had been placed on the building because of tenant's residential use of the apartment. The court ordered landlord to offer tenant another apartment for rent or purchase. The building was undergoing a co-op conversion. Landlord agreed to do this.

328 W. 17th Owners, Inc. v. Saybe: Index No. 23010/92 (1/16/96) (Sup. Ct. NY; Cohen, J) [4-page document]

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