MESFREE REALTY CORPORATION v. HUYLER'S

PER CURIAM.

A lease may not be avoided by a tenant in possession solely because the landlord has failed to obtain a certificate of occupancy. Something more must be shown — a violation of some provision which directly and substantially concerns the public health, safety and welfare. ( Minton v. Schulte, Inc., 153 Misc. 195.)

Judgment and order affirmed, with costs.

All concur; present, LYDON, HAMMER and SHIENTAG, JJ.