Defendant's second defense and first counterclaim alleges that plaintiff is barred by Multiple Dwelling Law § 302 from collecting the rent defendant has withheld because the building has no certificate of occupancy and her apartment has no second means of fire egress. Plaintiff established prima facie entitlement to summary judgment on the Multiple Dwelling Law § 302 defense. In an affidavit in support of the motion, plaintiff's architect stated that no new permanent...
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