Hart-Zafra v. Singh
| Decision Date | 03 March 2005 |
| Docket Number | 5507. |
| Citation | 16 A.D.3d 143,790 N.Y.S.2d 129,2005 NY Slip Op 01635 |
| Parties | CHRISTOPHER HART-ZAFRA, Appellant, v. "TONY" SINGH et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
The circumstance that plaintiff owner, during the period in question, permitted defendants to reside in the subject basement apartment without obtaining a proper certificate of occupancy for the unit precludes his recovery of use and occupancy (see Jalinos v Ramkalup, 255 AD2d 293 [1998]). This is not a situation in which the owner was prevented by the occupants from bringing the unit into compliance (cf. First Edition Composite v Wilkson, 177 AD2d 297 [1991]).
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5 cases
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Trafalgar Co. v. Malone
...of GVS Props. LLC v Vargas, 172 A.D.3d 466 [2019]; Matter of 49 Bleecker, Inc. v Gatien, 157 A.D.3d 619 [2018]; Hart-Zafra v Singh, 16 A.D.3d 143 [2005]). Thus, the use and occupancy deposited into court by tenant pursuant to RPAPL 745(2), as per Civil Court's January 2018 orders, was prope......
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Trafalgar Co. v. Malone
...Matter of GVS Props. LLC v Vargas, 172 A.D.3d 466 [2019]; Matter of 49 Bleecker, Inc. v Gatien, 157 A.D.3d 619 [2018]; Hart-Zafra v Singh, 16 A.D.3d 143 [2005]). Thus, use and occupancy deposited into court by tenant pursuant to RPAPL 745(2), as per Civil Court's January 2018 orders, was pr......
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Mushlam, Inc. v. Nazor
...allegations of residential use, with the landlord's knowledge, in violation of the certificate of occupancy ( see Hart-Zafra v. Singh, 16 A.D.3d 143, 790 N.Y.S.2d 129 [2005] ). Thus, we find that the record contains insufficient evidence of fair market value. The disparity between the amoun......
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Soskin v. Camillerj
...shown the legality of the subject unit as a matter of law, it has not shown entitlement to use and occupancy (see Hart-Zafra v. Singh, 16 A.D.3d 143 [1st Dept. 2005]). With respect to the issue of the proper rent for the subject unit, the court finds that the unit is rent stabilized, since ......
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