REAL GOOD PLUMBER v. KELLEHER


191 Misc.2d 94 (2002)

740 N.Y.S.2d 745

A REAL GOOD PLUMBER, INC., Respondent, v. ELIZABETH KELLEHER, Appellant.

Supreme Court, Appellate Term, Second Department.

January 18, 2002.


Attorney(s) appearing for the Case

White & Case LLP, New York City (Leslie Morioka of counsel), for appellant.

Burton Gelfand, Brooklyn, for respondent.

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


OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously reversed with $30 costs and matter remanded for a new trial before a judge of the Civil Court.

Tenant's primary defense in this "commercial" nonpayment proceeding is that this proceeding does not lie because her loft is located in an unregistered de facto multiple dwelling (Multiple Dwelling Law § 325 [2]; Administrative Code of City...

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