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455 SECOND v. NY SCH. OF DOG

064010/12.

37 Misc.3d 933 (2012)

951 N.Y.S.2d 863

2012 NY Slip Op 22290

455 SECOND AVENUE LLC, Petitioner, v. NY SCHOOL OF DOG GROOMING, INC., Respondent, et al., Respondent.

Civil Court of the City of New York, New York County.

October 3, 2012.

Attorney(s) appearing for the Case

Frederick Mehl , Brooklyn, for respondent. Keith Riemer and Judith M. Brener , New York City, for petitioner.

OPINION OF THE COURT

MARGARET A. CHAN, J.

The decision/order on this motion is as follows:

Petitioner landlord commenced a summary proceeding against one of its tenants, NY School of Dog Grooming, Inc., the respondent herein, for nonpayment of rent. Respondent filed the instant motion to dismiss the petition claiming that no rent is due as there is no proper certificate of occupancy (C of O) for...

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