Case Type
Other
Housing Type
Other
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
2021-03420
Slip Opinion Number
2024 NY Slip Op 01501
Petitioner
517-525 W. 45 LLC
Respondent
New York City Department of Housing Preservation & Development
Judge
Manzanet-Daniels, J.P., Gesmer, Shulman, Higgitt, Rosado, JJ.
Decision/Order Date
2024-03-19
Posture
Other
Disposition
Other
Winner
Other
Synopsis
The Appellate Division affirmed the dismissal of plaintiff's complaint under the doctrine of res judicata, citing a prior dismissal of a CPLR article 78 petition seeking the same relief regarding issuance of a cure completion certificate by HPD. The court found plaintiff had already litigated the issue of HPD's discretion under the cure agreement in the prior proceeding, barring re-litigation. Additionally, the court rejected plaintiff's claims of impossibility and failure to exhaust administrative remedies, affirming that these arguments did not undermine the res judicata effect of the earlier judgment.
Recommended Citation
"517-525 W. 45 LLC v. New York City Dept. of Hous. Preserv. & Dev." (2024). All Decisions. 1571.
https://ir.lawnet.fordham.edu/housing_court_all/1571
