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COULSTON v. TELISCOPE PRODS

85 Misc.2d 339 (1975)

Gerald F. Coulston, as Attorney for Jerome F. Katz, Appellant-Respondent, v. Teliscope Productions, Ltd., Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

December 17, 1975

Attorney(s) appearing for the Case

Luster, Gaier & Luster, P. C. (Joseph Gaier of counsel), for appellant. Finkelstein & Schwartz (M. Bruce Solomon of counsel), for respondent.

Concur: FRANK, J. P., HUGHES and FINE, JJ.

Per Curiam.

The tenant herein successfully defended these nonpayment summary proceedings upon the principal contention that the landlord failed to acquire a certificate of occupancy, in violation of sections 301 and 302 of the Multiple Dwelling Law. Assuming arguendo that the subject premises constitute a multiple dwelling (see Multiple Dwelling Law, § 4, subd 7; Matter of Herzog v Thompson,

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