Trial Required on Use of Basement Space

September 30, 1995

LVT Number: 9076

Landlord sued tenant for nonpayment of rent. Tenant argued that landlord couldn't collect rent because landlord used the building's basement space illegally. The court dismissed the case without a trial, and landlord appealed. Landlord wins. A trial must be held to determine how landlord used the basement space and whether that use affected tenant's apartment.

Landlord sued tenant for nonpayment of rent. Tenant argued that landlord couldn't collect rent because landlord used the building's basement space illegally. The court dismissed the case without a trial, and landlord appealed. Landlord wins. A trial must be held to determine how landlord used the basement space and whether that use affected tenant's apartment.

249-252 West 109 Associates v. Rychel: NYLJ, p. 27, col. 3 (8/15/94) (App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)

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