Defendants stopped paying rent when they learned that the building's certificate of occupancy did not permit residential use of the cellar floor, and that their occupancy of the cellar apartments rented to them by plaintiff's predecessor was therefore illegal. Plaintiff commenced nonpayment summary proceedings, but discontinued the actions when defendants interposed Multiple Dwelling Law § 302 (1) (b) as a bar to the collection of rent. Plaintiff then hired an architect...
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