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If it's been approved by the Department of Buildings, that's good. But it sounds as if its your responsibility now to get the CO, unless it's in the contract that that escrow is yours if the developer doesn't. Why don't you first go on line and check the status of the CO? Before I point out to the Department of Buildings that I don't have a CO, I would go online to "check the status".
http://www.nyc.gov/html/dob/html/certificates/certificates.shtml
Copy and paste the above address for the Department of Buildings, Certificate of Occupancy site. Once you get to that site, if you scroll down, you will see links for "Find C of O for a building" and "Check Status for C of O Application" You can use those links, put in your information and maybe you can get some information before you talk to the developer and/or attorney and see if it adds up.
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