allenhobbs
Registered: Feb 2008
Posts: 619 |
05-14-08 02:38 AM
Let's see what Google has on this Barry fellow who contols the minds of the mindless, aka, Reaver and atticus:
<<
Ted Zane v. Barry Kellner
Issues/Legal Principles: Tenant ordered to deposit rent with the court until landlord obtained a certificate of occupancy.
Keywords: certificate of occupancy
Court:Appellate Division, First Department
Judge: lower court: Hon. Harold Tompkins
Date: June 12, 1997
Citation:NYLJ, page 26, col 6
Referred Statutes:CPLR 325; Multiple Dwelling Law 301
Summary: The landlord in this case offered a residential lease to its tenant, while aware that the building lacked a residential certificate of occupancy. As a result, the tenant withheld his rental payments. The lower court granted the landlord's motion for use and occupancy and denied tenant's cross motion to dismiss the causes of action for rent arrears and use and occupancy. The Appellate Division modified the order to direct that use and occupancy be paid directly into the court rather than the plaintiff/landlord until such a time when the landlord obtains a certificate of occupancy for the subject building. In reaching their determination, the Appellate Division recognized that the landlord was aware that the building lacked a certificate of occupancy and made no effort to comply with the law. However, the Court also looked to the fact that the tenant did not claim that the conditions in the building posed a threat to his health and safety. Additionally, the tenant did not express a desire to vacate the premises>>>
<<<http://www.zoominfo.com/people/Kell..._460776575.aspx>>>
<<<http://www.uslawyermaps.com/att/west-palm-beach/fl.html>>>
Damn, that is exciting isn't it? Holy smokes, now I understand why these two knuckleheads found this so newsworthy.
For those of you who can withstand the pain of listening to Reaver and his norse god atticus rant about this Barry, this is what they got. woop doop dee doo.
Reaver and atticus: the Sigfreid & Roy of deep, detective undercover work.
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