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MATTER OF GVS PROPERTIES LLC v. VARGAS

9237, 570655/17, 78285/15.

172 A.D.3d 466 (2019)

100 N.Y.S.3d 230

2019 NY Slip Op 03549

In the Matter of GVS Properties LLC, Appellant, v. Raybblin Vargas et al., Respondents.

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

Decided May 7, 2019.

Nineteen nonpayment proceedings were joined for trial on respondent tenants' defense under Multiple Dwelling Law § 302 that no rent was due because the building lacked a valid certificate of occupancy (CO). Multiple Dwelling Law § 302 (1) (b) prohibits the collection of rent during the period in which the dwelling lacks a valid CO under Multiple Dwelling Law § 301 (1) (see Chazon, LLC v Maugenest, 19 N.Y.3d 410, 415...

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