West Coast Company v. International Hors D’Oeuvrery

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July 16, 2012

(Civ. Ct. N.Y. Cty. 6/21/88)

Court ruled that respondent tenant not entitled to discovery of causes of water damage in a commercial non-payment proceeding, lack of a certificate of occupancy was not a defense to a commercial non-payment proceeding, and alleged landlord negligence was not a defense to a non-payment because “a commercial tenant has an independent obligation to pay rent as long as the tenant is in possession.”  Link to Full Text of Decision