The court granted summary judgment dismissing this nonpayment petition because the subject building requires a certificate of occupancy but does not have one. Open Department of Buildings violations served as prima facie evidence of the deficiency, which the landlord did not dispute. Relying on the controlling Court of Appeals precedent in Chazon, LLC v Maugenest, the court dismissed decisions the landlord cited to the contrary as outliers.
Civil Court of the City of New York
New York County (Manhattan)
LT-312998-25/NY
2026 NY Slip Op 32133(U)
1627-1635 Amsterdam Ave. LLC
John Wolfe; Clayton Williams; Naomi Florin
2026-04-14
Post-Answer Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
The court granted summary judgment dismissing this nonpayment petition because the subject building requires a certificate of occupancy but does not have one. Open Department of Buildings violations served as prima facie evidence of the deficiency, which the landlord did not dispute. Relying on the controlling Court of Appeals precedent in Chazon, LLC v Maugenest, the court dismissed decisions the landlord cited to the contrary as outliers.
No Certificate of Occupancy; Summary Judgment Granted Dismissing Petition; DOB Violations are Prima Facie Evidence That Certificate of Occupancy Violations Exist
"1627-1635 Amsterdam Ave. LLC v. Wolfe" (2026). All Decisions. 2355.
https://ir.lawnet.fordham.edu/housing_court_all/2355
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