Because the construction and renovation work of the landlord rendered the premises uninhabitable, which action was tantamount to an eviction, and appellants did not submit reports from municipal inspectors that the premises were safe to enter, the court properly denied the landlord use and occupancy without prejudice to the right to amend the petition in the summary proceeding. As the court denied plaintiff injunctive relief, no undertaking was required (CPLR 6312 [b]). Finally...
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