When a Manhattan fencing center failed to pay its rent, the building's landlord filed a summary nonpayment proceeding to collect the sums due.
In its defense, the center counter-attacked with the argument that the landlord had violated the law by leasing the space to the tenant without a certificate of occupancy (or c/o).*
Both the New York County Civil Court, and the Appellate Term, First Department, did not respond favorably to this parry. Since this commercial tenant had agreed to accept the premises in "as is" condition, and there were no representations or warranties made by the owner that it would secure a c/o for the tenant (or otherwise legalize the space for the tenant's use), the landlord was awarded a money judgment for a whopping $237,965.39 in rent.
Salut!
For a copy of the Appellate Term's decision, please use this link: 114 W. 26th St. Assoc., L.P. v. Metropolis Fencing Sports Ctr. LLC
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*A c/o is a document issued by local government agency which certifies that the structure complies with local codes and ordinances and that the building may be utilized for the designated purpose(s).