VITTORIA v. SILVER


284 A.D. 979 (1954)

Billie Vittoria, Appellant, v. Irving Silver et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 15, 1954.


Judgment affirmed, with costs.

The judgment in a prior action brought by the owner of the premises against all the parties to the present action determined that the sublease was null and void because the use for which it was given was in violation of the certificate of occupancy for the property. That judgment was binding on plaintiff in this action. (Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N.Y. 304; Cook v. Conners, 215 N.Y. 175.) Accordingly...

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