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
| Court | Appellate Term, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 51715[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51715[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1300 |
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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