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GUARINO v. TIMARES

196 Misc. 414 (1949)

Charles Guarino, Landlord, Respondent, v. Benjamin Timares, Tenant, Appellant.

Supreme Court, Appellate Term, Second Department.

October 20, 1949.

Attorney(s) appearing for the Case

Samuel Schneebaum and Louis L. Friedman for appellant.

Santo W. Crupe for respondent.

STEINBRINK, FENNELLY and RUBENSTEIN, JJ., concur.

Per Curiam.

It is undisputed that there was no certificate of occupancy issued for the premises in question and that the violation existed during the period for which rent was claimed. This proceeding for nonpayment of rent is therefore barred by the provisions of paragraph b of subdivision 1 of section 302 of the Multiple Dwelling Law. (Conka v. MacAloon, N. Y. L. J., Jan. 12, 1948, p. 132, col. 4; Mellini...

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