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PHILLIPS & HUYLER v. FLYNN

154 Misc.2d 689 (1992)

Phillips & Huyler Assocs., Petitioner, v. James C. Flynn, Respondent.

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

May 19, 1992

Attorney(s) appearing for the Case

Lawrence P. Wolf for petitioner. Kolodny & Kolodny, P. C. (Peter Kolodny of counsel), for respondent.

LOUIS B. YORK, J.

Can a commercial tenant pursuant to a commercial lease successfully withhold his rent because the certificate of occupancy requires that the premises shall be used for residential purposes? For the reasons stated infra, I find against the tenant on this issue and the related issues of damages raised by it.

This is a combined holdover and nonpayment action, both of which are...

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