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Harris v. Corbin

Supreme Court, Appellate Term, Second Department
Jan 22, 1974
79 Misc. 2d 971 (N.Y. App. Term 1974)

Opinion

January 22, 1974

Appeal from the Civil Court of the City of New York, Kings County, ALBERT J. MARINO, J.

Morton B. Dicker and James F. Oliviero for appellant.

Pruzan, Levy Pruzan ( Robert W. Pruzan and Sidney N. Georgiou of counsel), for respondent.


MEMORANDUM.

Order reversed without costs, and motion to dismiss complaint granted.

On a previous appeal to this court by the parties to this action, we held that the failure to register the premises as a multiple dwelling precluded the maintenance of a summary proceeding, predicated upon the nonpayment of rent ( Harris v. Corbin, N.Y.L.J., Jan. 31, 1973, p. 19, col. 8). Aside from the inability to obtain possession, an owner who has failed to comply with the registration requirements, may not recover rent (Multiple Dwelling Law, § 325, subd. 2). Plaintiffs may not evade the effect of our previous decision and the statutory provision by the simple expediency of labeling what is essentially a rent action, as one for use and occupancy (see Charles A. Luisi, Inc. v. Richard Lbr. Co., 80 N.Y.S.2d 536).

GROAT, P.J., and CONE, J., concur; RINALDI, J., taking no part.


Summaries of

Harris v. Corbin

Supreme Court, Appellate Term, Second Department
Jan 22, 1974
79 Misc. 2d 971 (N.Y. App. Term 1974)
Case details for

Harris v. Corbin

Case Details

Full title:RAYMOND HARRIS et al., Respondents, v. SOPHIE CORBIN, Appellant

Court:Supreme Court, Appellate Term, Second Department

Date published: Jan 22, 1974

Citations

79 Misc. 2d 971 (N.Y. App. Term 1974)
363 N.Y.S.2d 182

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