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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)

Citation
Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)
Parent Document
Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)
Jurisdiction
New York (state)
Effective Date
2004-05-11

Other Sections in This Document (40)

Full Text

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Although the tenant’s interpretation of section 143-b would, in certain instances, promote the Legislature’s objective of encouraging landlords to curb substandard conditions, it would also permit tenants to avoid paying rent for violations having no effect on them. As amended in 1997, RPAPL 745 (2) (a) requires tenants seeking to adjourn an eviction proceeding to “deposit with the court within five days sums of rent or use and occupancy accrued from the date the petition and notice of petition are served upon the respondent, and all sums as they become due for rent and use and occupancy.” Section 745 (2) exempts from this undertaking provision tenants who claim *467actual eviction, actual partial or constructive eviction, as well as those who interpose a defense pursuant to the Spiegel Law.