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KASE v. CITY OF ROCHESTER

15 A.D.3d 928 (2005)

789 N.Y.S.2d 577

ROBERT F. KASE, Appellant, v. CITY OF ROCHESTER, Respondent.

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

February 4, 2005.

Memorandum: In this action for declaratory and other relief, Supreme Court properly determined that City of Rochester Code § 90-25, which requires a certificate of occupancy for two-family dwellings, is not preempted by the Multiple Residence Law. The Multiple Residence Law was enacted to regulate certain conditions in multiple dwellings, i.e., dwellings "occupied as the temporary or permanent residence or home of three or more families living independently of each other...

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