Appellate Terms of the Supreme Court of New York June 7, 2002 (Corbin v. Briley)

*504OPINION OF THE COURT

Memorandum.

Final judgment reversed without costs and matter remanded to the court below for further proceedings.

Following landlord’s concession that he lacked a proper certificate of occupancy for the subject premises, certified for single-family occupancy but operated as a de facto multiple dwelling (Multiple Residence Law § 4 [4]; § 302 [1]), the court denied landlord