CHAZON, LLC v. MAUGENEST

No. 101.

19 N.Y.3d 410 (2012)

971 N.E.2d 852

948 N.Y.S.2d 571

2012 NY Slip Op 4373

CHAZON, LLC, Respondent, v. MARGARET MAUGENEST, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided June 7, 2012.


Attorney(s) appearing for the Case

Goodfarb & Sandercock, LLP, New York City ( Margaret B. Sandercock of counsel), for appellant.

Tenenbaum Berger & Shivers LLP, Brooklyn ( David M. Berger of counsel), for respondent.

Robert Petrucci , New York City, for Lower Manhattan Loft Tenants, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.


OPINION OF THE COURT

SMITH, J.

We hold that the landlord of a New York City loft who has not complied with the Loft Law and has not received an extension of time to comply may not maintain an ejectment action based on nonpayment of rent.

Plaintiff is the owner of a loft building in Brooklyn. Defendant-appellant occupies an apartment in that building, for which she has paid no rent since 2003. Plaintiff...

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