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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47179 Judge Aarons PETITIONER OWNER’S May 2, 2003 nonpayment action for rent arrears and possession of premises whose stated use was as a school and house of worship, was settled by a June 19, 2003 “so ordered” stipulation in which respondent consented to judgment of $44,501 and issuance of an eviction warrant. Respondent, which desired the property’s use as a day-care center, sought the stipulation’s vacatur on the ground that the landlord failed to obtain a revised certificate of occupancy or remove violations of record. The court denied vacatur. Citing Kosher Konvenience Inc. v. Ferguson Realty Corp., it noted that a commercial lease is not void for illegality merely because the premises is not covered by a certificate of occupancy. It also found the equities of the situation to be of respondent’s own making, noting that the lack of a certificate of occupancy or legal permits did not prevent respondent from profitably utilizing the premises as a day care center.

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