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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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However, even construing the statute as a whole and applying the canon of construction urged by the majority, does not lead *469to the conclusion that it is the public welfare agency who must first withhold rent in order for the tenant to be able to invoke the Spiegel Law defense. As the dissenting Appellate Division Justices most aptly observed, the absence of any reference to public welfare officials in subdivision (5) lends itself equally well to the interpretation that the Legislature—which referenced either the public welfare department or public welfare official in subdivisions (1) through (4)—intentionally omitted such reference and intended to allow tenants to withhold their own rent where appropriate in subdivision (5) (308 AD2d 164, 175-176 [2003] [Luciano, J., dissenting]).