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CASILIA v. WEBSTER LLC

1484, 157076/12.

140 A.D.3d 530 (2016)

32 N.Y.S.3d 494

2016 NY Slip Op 04806

YOLANDA CASILIA et al., Respondents, v. WEBSTER LLC, Appellant.

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

Decided June 16, 2016.

Plaintiff Casilia's alleged inability to use the leased premises as a catering hall due to the certificate of occupancy does not relieve her of the obligation to pay rent for the period of time during which she occupied the premises (Phillips & Huyler Assoc. v Flynn, 225 A.D.2d 475 [1st Dept 1996]). The lease did not require defendant landlord to obtain a certificate of occupancy that would permit plaintiff's intended use of...

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