PHILLIPS & HUYLER v. FLYNN


164 Misc.2d 347 (1995)

627 N.Y.S.2d 868

Phillips & Huyler Associates, Respondent, v. James C. Flynn, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 11, 1995


Attorney(s) appearing for the Case

Charlene K. Verkowitz, Hollis Hills (Craig M. Nisnewitz of counsel), for appellant. Lawrence P. Wolf, Chappaqua, and Livoti, Bernstein & Moraco, New York City (Robert F. Moraco of counsel), for respondent.

PARNESS, J. P., and McCOOE, J., concur; GLEN, J., dissents in a separate memorandum.


Per Curiam.

Final judgment entered June 2, 1992 and order entered December 1, 1992 affirmed, with $25 costs.

This is a nonpayment proceeding where residential apartment premises were rented for commercial purposes in violation of the certificate of occupancy and applicable zoning resolution. The tenant leased the space for the practice of psychotherapy and was authorized to sublet to five additional occupants practicing...

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