YING LUNG CORP. v. MEDRANO


123 Misc.2d 1074 (1984)

Ying Lung Corporation, Petitioner, v. Serina Medrano, Doing Business as Serina Grocery Store, Respondent.

Civil Court of the City of New York, New York County.

May 3, 1984


Attorney(s) appearing for the Case

Sandy Hom for petitioner. Edward Malz for respondent.


EDWARD H. LEHNER, J.

The major question raised in the motions before the court is whether a landlord may recover rent from the tenant of a store located in a multiple dwelling prior to the issuance of a certificate of occupancy for the building.

Although the court has found no reported case on this issue, it would seem that section 302 (subd 1, pars a, b) of the Multiple Dwelling Law mandates an answer in the negative. These provisions read in...

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