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S & M ENTERPRISES v. LEE

280 A.D.2d 265 (2001)

719 N.Y.S.2d 575

S & M ENTERPRISES, Appellant, v. ROBYN LEE et al., Respondents.

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

Decided February 1, 2001.

In view of factual issues as to whether plaintiff landlord knowingly countenanced defendants' residential occupancy in its building, and as to whether, during the period of defendants' residential occupancy in plaintiff's building, the building was a "multiple dwelling," within the meaning of Multiple Dwelling Law § 4 (7), for which no certificate of occupancy had been obtained, summary judgment upon plaintiff's claim for...

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