MATTER OF 49 BLEECKER, INC. v. GATHIEN

5518, 570312/14, 64244/13.

157 A.D.3d 619 (2018)

69 N.Y.S.3d 863

2018 NY Slip Op 00476

In the Matter of 49 BLEECKER, INC., Respondent, v. JEN GATHIEN et al., Appellants.

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

Decided January 25, 2018.


Petitioner was the net lessee of the third floor of a six-story building, a de facto multiple dwelling; the net lease provided, inter alia, that there was no permanent certificate of occupancy for either the building or the demised premises. In April 2013, petitioner brought this proceeding alleging that respondents, its subtenants, had failed to pay residential use and occupancy since January 2013. Affording the relevant statutory language its natural and ordinary meaning...

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