PROGRESSIVE IMAGE GRUPPE, INC. v. 162 CHARLES STREET OWNERS, INC.


272 A.D.2d 66 (2000)

707 N.Y.S.2d 98

PROGRESSIVE IMAGE GRUPPE, INC., Appellant, v. 162 CHARLES STREET OWNERS, INC., et al., Respondents.

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

Decided May 2, 2000.


The sublease, which permitted "commercial use with ancillary living only" and contained no express representation as to the certificate of occupancy, was not automatically voided by the circumstance that plaintiff's contemplated use of the premises as a combination residence and video editing shop did not conform with the existing certificate of occupancy. The mere failure of a landlord to obtain a certificate of occupancy before a commercial tenant's date of occupancy does...

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