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SKY EAST, LLC v. FRANCO

150259/19. Appeal No. 15289. Case No. 2021-02125.

204 A.D.3d 594 (2022)

165 N.Y.S.3d 295

2022 NY Slip Op 02766

Sky East, LLC, Respondent, v. Carlos Franco, Appellant.

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

Decided April 26, 2022.

Attorney(s) appearing for the Case

Law Office of Karim H. Kamal, New York ( Karim H. Kamal of counsel), for appellant.

Maidenbaum & Associates, PLLC, Merrick ( Eric J. Canals of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

The landlord established on its motion that the building had a valid certificate of occupancy (CO) and could therefore maintain an action to collect arrears. In opposition, the tenant presented evidence showing that the building's CO had been revoked by an October 17, 2017 resolution of the New York City Board of Standards & Appeals. This showing by the tenant was sufficient to raise an issue of fact as to whether this was...

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