Plaintiff brought this proceeding to recover three thousand six hundred dollars

($3,600.00) security (2 months rent) he posted for rental of defendant's premises. In

December of 2007 the plaintiff rented the defendant's premises as a social club. A

lease dated January 7, 2008 was signed by the parties. The plaintiff, ostensibly with

defendants permission, did certain work at the premises. The problem is that the work

was performed without obtaining necessary permits. Most notably the tenant

constructed a new bathroom and several partition walls at the premises.

The defendant has counterclaimed for four thousand eight hundred dollars

($4,800.00) to restore the premises to its original condition. In the interim a fire has

occurred at the premises resulting in an order from the city directing non-use of the

facility. Finally, the City has served a notice of violation alleging that the uses for which

the premises were rented by plaintiff were in violation of the Certificate of Occupancy.

The parties were before this court in 2008 on a non-payment landlord and tenant

proceeding concerning the same premises which was apparently settled by the parties. [*2]

The Court refuses to become involved in the process of illegal transactions

between the parties. Defendant rents the premises for a purpose that violates the uses

allowed; plaintiff opens an improper social club after making changes to the facility

that violate the building codes of the City; plaintiff seeks return of his security deposit

before the end of the lease and defendant counterclaims for return of the premises to its

former condition even though the premises are destroyed by fire. It appears that the

lease and local ordinances mean nothing to either party.

The claim and counterclaim are dismissed with prejudice.

The above constitutes the decision and order of the court.

Dated:May 4, 2010

Mount Vernon, New York

HON. ADAM SEIDEN

ASSOCIATE CITY COURT JUDGE

AS:mjc

To:Randolph Graham

4648 Carpenter Avenue

Bronx, New York 10470

V & M Enterprises

513 S. Fulton Avenue

Mount Vernon, New York 10550

Edward Vaccaro

513 S. Fulton Avenue

Mount Vernon, New York 10550

John Mangano

513 S. Fulton Avenue

Mount Vernon, New York 10550