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CORBIN v. BRILEY

192 Misc.2d 503 (2002)

747 N.Y.S.2d 134

OZZIE CORBIN, Respondent, v. ANTONN BRILEY, Appellant.

Supreme Court, Appellate Term, Second Department.

June 7, 2002.

Attorney(s) appearing for the Case

Westchester/Putnam Legal Services, Yonkers (Barbara Finkelstein, Kamber L. Brisbane and Judith B. Studebaker of counsel), for appellant.

No appearance for respondent.

FLOYD, P.J., and DOYLE, J., concur; COLABELLA, J., taking no part.

OPINION OF THE COURT

MEMORANDUM.

Final judgment reversed without costs and matter remanded to the court below for further proceedings.

Following landlord's concession that he lacked a proper certificate of occupancy for the subject premises, certified for single-family occupancy but operated as a de facto multiple dwelling (Multiple Residence Law § 4 [4]; § 302 [1]), the court denied landlord...

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