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HORNFELD v. GAARE

130 A.D.2d 398 (1987)

Sol Hornfeld, Doing Business as S. H. Associates, Appellant, v. Martin A. Gaare, Respondent

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

May 14, 1987

Plaintiff is the owner of a multiple dwelling at 333 West 76th Street in Manhattan. The certificate of occupancy (CO) permits residential use of the first through fifth floors of the building, but permits use of the basement area only for "[b]oiler room, storage and office of building." In March 1982, the plaintiff rented certain space in the basement area to defendant for one year by written lease providing that the space was to...

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