PHILLIPS & HUYLER ASSOCS. v. FLYNN


225 A.D.2d 475 (1996)

640 N.Y.S.2d 26

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

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

March 26, 1996


The lease in question here, executed by petitioner's predecessor and respondent-tenant, allowed for use of the premises to conduct psychotherapy and counseling. Accepting the tenant's proof offered both at trial and on the motion for a new trial based on newly discovered evidence that the leased premises could not be used for its intended purpose due to the certificate of occupancy and zoning regulations, such fact does not relieve the tenant of the obligation to pay rent...

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