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New York Court of Appeals, 2011

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

Rezplex, L.L.C. v. New York City Department of Housing Preservation & Development
New York Court of Appeals · Decided June 28, 2011 · Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur in Memorandum
952 N.E.2d 1075; 17 N.Y.3d 779; 929 N.Y.S.2d 81; 2011 NY Slip Op 5546 (North Eastern Reporter, Second Series)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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