Gomez v. Gagne

Appellate Division of the Supreme Court of New York

Gomez v. Gagne

236 A.D.2d 589, 654 N.Y.S.2d 683, 1997 N.Y. App. Div. LEXIS 1562

Appellate Division of the Supreme Court of the State of New York·Decided February 24, 1997·Published

Opinion

—In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated February 13, 1996, which, upon the plaintiffs’ motion, among other things, to direct the City of New York to inspect the plaintiffs’ apartment for lead-based paint violations, dismissed the complaint on the ground that the Housing Part of the New York City Civil Court had jurisdiction to determine the action.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings, including a determination of the plaintiffs’ motion.

Inasmuch as the Housing Part of the New York City Civil Court is not competent to hear the various tort and breach of contract causes of action asserted in the plaintiffs’ complaint, the instant action in the Supreme Court should not have been dismissed (see, CCA 110; 3054 Godwin Terrace Realty Co. v Armstrong, 190 AD2d 617). Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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—In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated February 13, 1996, which, upon the plaintiffs’ motion, among other things, to direct the City of New York to inspect the plaintiffs’ apartment for lead-based paint violations, dismissed the complaint on the ground that the Housing Part of the New York City Civil Court had jurisdiction to determine the action.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings, including a determination of the plaintiffs’ motion.

Inasmuch as the Housing Part of the New York City Civil Court is not competent to hear the various tort and breach of contract causes of action asserted in the plaintiffs’ complaint, the instant action in the Supreme Court should not have been dismissed (see, CCA 110; 3054 Godwin Terrace Realty Co. v Armstrong, 190 AD2d 617). Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

Gomez v. Gagne, 236 A.D.2d 589, 654 N.Y.S.2d 683, 1997 N.Y. App. Div. LEXIS 1562 (N.Y. Ct. App. 1997).

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236 A.D.2d 589 (Gomez v. Gagne) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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