Case Type

FOIL Proceeding

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

158763/2019

Slip Opinion Number

2024 NY Slip Op 30684(U)

Petitioner

75 Fort Washington LLC

Respondent

New York City Department of Housing Preservation and Development

Judge

Bluth, Arlene P.

Decision/Order Date

2024-03-05

Disposition

Case Dismissed/discontinued

Winner

Respondent Substantially Won

Synopsis

The court dismissed the landlord's FOIL proceeding seeking records about why its building was placed on a pilot program list. Although the respondent agency did not provide the requested records in the specific FOIL response, it had previously disclosed the records to the landlord's counsel in response to separate FOIL requests, rendering this proceeding moot. The court also found the landlord's request for declaratory relief challenging its building's inclusion on the pilot list was untimely under the statute of limitations. As the landlord did not prevail, it was not entitled to attorneys' fees.

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