2018 NY Slip Op 51958

Citation: 2018 NY Slip Op 51958
Jurisdiction: New York (state)
Source verification: cross_accepted_sealed
Original Source: https://www.nycourts.gov/reporter/3dseries/2018/2018_51958.htm ↗

Related Parts of This Source

Full Text

1,706 chars

odds of success, did not warrant such expenditures, that would be another matter, and Dogwood
LLC would be free to seek leave to assert such a cause of action. However, as of yet, no such
factual allegations have been made.

As for the two remaining derivative causes of action, the eighth and the tenth, it must be
noted that the defendants do not substantively attack the eighth cause of action except to the
limited extent previously indicated as to all of the derivative causes of action. However, the
allegations of this cause of action are relevant to this Court's discussion of the tenth cause of
action, which defendants assert is completely devoid of merit. Dogwood LLC's eighth cause of
action requests a judgment declaring that the cellar units' occupants' use of portions of the cellar
level space as residential living space, i.e., bedrooms and full bathrooms, violates Multiple
Dwelling Law §34, which sets forth various requirements for cellar and basement rooms,
Multiple Dwelling Law § 300 (6), which bars the occupancy of cellar and basement rooms
for living purposes, without a written permit for such occupancy having been issued after
compliance with all applicable laws, and New York City Administrative Code § 27-217,
which code provision was repealed, effective July 1, 2008, and barred any change in use or
occupancy that was inconsistent with the building's certificate of occupancy, without obtaining a
new certificate. See People v Butt, 153 Misc 2d 751, 735 (Crim Ct, Kings County 1991).

It is further alleged that there are requirements of the Building, Fire, Administrative, and
Housing Codes that must be met before a cellar space can be occupied for residential purposes,