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40 CLINTON ST. v. DOLGIN

126 Misc.2d 373 (1984)

40 Clinton Street Associates, Petitioner, v. Perry Dolgin et al., Respondents. 40 Clinton Street Associates, Petitioner, v. David Solomon et al., Respondents. 40 Clinton Street Associates, Petitioner, v. John Olson, Respondent. 40 Clinton Street Associates, Petitioner, v. J. Burstein et al., Respondents.

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

October 22, 1984

Attorney(s) appearing for the Case

Thomas L. Gazianis for petitioner. Brenda T. Liebowitz for respondents.

MARGARET TAYLOR, J.

In their motions for summary judgment, respondents (Tenants) allege that the above nonpayment proceedings must be dismissed on the ground that petitioner (Landlord) is barred from maintaining any action or proceeding for the collection of rents because no certificate of occupancy exists for the premises (the building) and none existed during the period for which rents are claimed. Tenants base their motions on subdivision 1 of section...

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