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HART-ZAFRA v. SINGH

16 A.D.3d 143 (2005)

790 N.Y.S.2d 129

CHRISTOPHER HART-ZAFRA, Appellant, v. "TONY" SINGH et al., Respondents.

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

March 3, 2005.

The circumstance that plaintiff owner, during the period in question, permitted defendants to reside in the subject basement apartment without obtaining a proper certificate of occupancy for the unit precludes his recovery of use and occupancy (see Jalinos v Ramkalup, 255 A.D.2d 293 [1998]). This is not a situation in which the owner was prevented by the occupants from bringing the unit...

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