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Appellate Term, First Department · October 15, 2026 · 2026 NY Slip Op 51715[U]

65 FW Owner LLC v Espinal

Read the official decision: 2026 NY Slip Op 51715[U]

Holding The court reversed the lower court’s denial of summary judgment and dismissed the nonpayment proceeding because the summary judgment record conclusively established a violation of the building’s certificate of occupancy. Under Multiple Dwelling Law § 302 (1) (b), the landlord is barred from recovering rent for the period of noncompliance with the certificate of occupancy.

The court’s words

there was a violation of the building's certificate of occupancy, relating to the illegal use of two first floor apartments as medical offices

2026 NY Slip Op 51715[U], at the official text

Multiple Dwelling Law § 302 (1) (b) bars landlord from recovering rent for the period of noncompliance or maintaining a nonpayment proceeding

2026 NY Slip Op 51715[U], at the official text
CourtAppellate Term, First Department
DecidedOctober 15, 2026
Citation2026 NY Slip Op 51715[U]
Area of lawLandlord and Tenant and Housing
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 51715[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1300

Recommended citation

ESQ HQ, New York Law Watch, 65 FW Owner LLC v Espinal, 2026 NY Slip Op 51715[U] (Appellate Term, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51715-u/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 15, 2026. Updated October 15, 2026.