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NOTRE DAME LEASING v. ROSARIO

188 Misc.2d 291 (2001)

727 N.Y.S.2d 271

NOTRE DAME LEASING L. L. C., Appellant, v. LEONIJILDO ROSARIO et al., Respondents.

Supreme Court, Appellate Term, Second Department.

April 6, 2001.

Attorney(s) appearing for the Case

Pennisi, Daniels & Norelli, L. L. P., Rego Park (Denise M. May of counsel), for appellant.

Queens Legal Services Corporation, Jamaica (Carl O. Callender and Sara J. Fulton of counsel), for Alexandria Rosario and another, respondents.

SCHOLNICK, P. J., PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs and motion denied.

In our view, the Spiegel Law (Social Services Law § 143-b) defense is available to a tenant only after the appropriate social services official has withheld rent payments based on the existence of hazardous violations in the building. The Spiegel Law authorizes "public welfare officials to withhold rents in cases of recipients of public assistance who...

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