Rezplex, L.L.C. v. New York City Department of Housing Preservation & Development

New York Court of Appeals June 28, 2011

Rezplex, L.L.C. v. New York City Department of Housing Preservation & Development, 952 N.E.2d 1075 (N.Y. 2011)

17 N.Y.3d 779; 929 N.Y.S.2d 81; 2011 NY Slip Op 5546

Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur in Memorandum

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and its certified question answered in the affirmative.

Petitioner’s nonownership of the property where the City repaired a collapsing retaining wall was adequately raised in petitioner’s December 11, 2001 protest, which stated: “We are not aware of any emergency repair done at [petitioner’s] premises.” Thus we need not decide whether the issue was one that could be raised for the first time after the administrative ruling.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

*781 On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

Reference

Full Case Name: Rezplex, L.L.C., Respondent, v. New York City Department of Housing Preservation and Development Et Al., Appellants
Cited By: 1 case
Status: Published