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Chatsworth 72nd Street Corp. v. Rigai

Court of Appeals of the State of New York
Jan 20, 1975
35 N.Y.2d 984 (N.Y. 1975)

Summary

In Chats-worth 72nd St. Corp. v Rigai (35 NY2d 984), the Court of Appeals, adopting the opinion of then-Judge Beatrice Shainswit of the Civil Court of the City of New York (71 Misc 2d 647), held that where the tenant had prevented the owner from obtaining a residential certificate of occupancy, Multiple Dwelling Law § 302 does not bar the collection of rent from the tenant.

Summary of this case from Caldwell v. American Package

Opinion

Argued January 9, 1975

Decided January 20, 1975

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BEATRICE SHAINSWIT, J.

Barbara Schulman and George C. Stewart for appellants.

Lawrence F. Anito, Jr. for respondent.


Order affirmed, without costs, on the opinion of Judge BEATRICE SHAINSWIT at the Civil Court of the City of New York.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.


Summaries of

Chatsworth 72nd Street Corp. v. Rigai

Court of Appeals of the State of New York
Jan 20, 1975
35 N.Y.2d 984 (N.Y. 1975)

In Chats-worth 72nd St. Corp. v Rigai (35 NY2d 984), the Court of Appeals, adopting the opinion of then-Judge Beatrice Shainswit of the Civil Court of the City of New York (71 Misc 2d 647), held that where the tenant had prevented the owner from obtaining a residential certificate of occupancy, Multiple Dwelling Law § 302 does not bar the collection of rent from the tenant.

Summary of this case from Caldwell v. American Package
Case details for

Chatsworth 72nd Street Corp. v. Rigai

Case Details

Full title:CHATSWORTH 72ND STREET CORP., Respondent, v. AMIRAM RIGAI, Appellant…

Court:Court of Appeals of the State of New York

Date published: Jan 20, 1975

Citations

35 N.Y.2d 984 (N.Y. 1975)
365 N.Y.S.2d 531
324 N.E.2d 888

Citing Cases

1245 Stratford, LLC v. Osboume

In a supporting affirmation, Petitioner's attorney cites to Chatsworth 72nd Street Corp v Rigai (71 Misc.2d…

Zev Ger Inc. v. Garcia

Jalinos v Ramklup, 255 A.D.2d 293, 294 (AD2nd 1998). However, "[i]n Chatsworth 72nd St. Corp. v Rigai (35 …