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J.Z. & A.E. REALTY CORP. v. PUTNAM

258 A.D.2d 442 (1999)

684 N.Y.S.2d 610

J.Z. & A.E. REALTY CORP., Respondent, v. ROBERT PUTNAM, Appellant. (Action No. 1.) J.Z. & A.E. REALTY CORP., Respondent, v. JOSEPH MILITELLO, Appellant. (Action No. 2.)

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

Decided February 1, 1999.

Ordered that the orders are affirmed, without costs or disbursements.

The plaintiff's motion for partial summary judgment was properly granted. The plaintiff, a landlord, effectively terminated the defendants' respective leases, as it was permitted to do under Section 8 of each lease, due to the defendants' respective failures to pay the rent due thereunder. Since there was no valid Certificate of Occupancy, a summary proceeding to recover possession does not lie...

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