In Rivera v. JRJ Land Property Corp., 27 A.D.3d 361 (1st Dept. 2006), the Appellate Division, First Department, held that the commercial landlord was not required under the lease to obtain a certificate of occupancy for tenant’s use of the premises as an automobile repair shop, and, thus, landlord did not breach the lease.
The Court also held that the tenant’s claim for a breach of the warranty of habitability applied only to residential lease space, not commercial lease space at issue.
Lastly, the Court held that the tenant remained in full possession of the leased premises at all relevant times, and, therefore, the landlord was not liable for a breach of the warranty of quiet enjoyment.
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