Matter of Dock Props., LLC (Department of Hous. Preserv. & Dev. of the City of N.Y.)

Appellate Division of the Supreme Court of New York

Matter of Dock Props., LLC (Department of Hous. Preserv. & Dev. of the City of N.Y.)

2017 NY Slip Op 8742, 156 A.D.3d 528, 65 N.Y.S.3d 444

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 14, 2017

Docket5233 260736/15

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 8742 (Matter of Dock Props., LLC (Department of Hous. Preserv. & Dev. of the City of N.Y.)) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Dock Props., LLC (Department of Hous. Preserv. & Dev. of the City of N.Y.), 2017 NY Slip Op 8742, 156 A.D.3d 528, 65 N.Y.S.3d 444 (N.Y. Ct. App. 2017).

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Opinion

Order and judgment (one paper), Supreme Court, Bronx County (Howard H. Sherman, J.), entered May 6, 2016, which granted petitioners’ motion to vacate and discharge respondents’ recorded notice of lien seeking relocation and administrative costs, and denied respondents’ cross motion to dismiss the proceeding, unanimously reversed, on the law, without costs, the motion denied, and the cross motion granted. The Clerk is directed to enter judgment denying the petition and dismissing the proceeding.

As conceded by petitioners, based on the Court of Appeals’ recent holding in Rivera v Department of Hous. Preserv. & Dev. of the City of N.Y. (29 NY3d 45 [2017]), this dispute regarding the reasonableness of expenses claimed by respondents in an otherwise facially valid notice of lien must be resolved through a foreclosure trial, rather than a summary discharge proceeding (see id. at 50).

Concur—Gische, J.P., Webber, Oing, Singh and Moulton, JJ.

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Order and judgment (one paper), Supreme Court, Bronx County (Howard H. Sherman, J.), entered May 6, 2016, which granted petitioners’ motion to vacate and discharge respondents’ recorded notice of lien seeking relocation and administrative costs, and denied respondents’ cross motion to dismiss the proceeding, unanimously reversed, on the law, without costs, the motion denied, and the cross motion granted. The Clerk is directed to enter judgment denying the petition and dismissing the proceeding.

As conceded by petitioners, based on the Court of Appeals’ recent holding in Rivera v Department of Hous. Preserv. & Dev. of the City of N.Y. (29 NY3d 45 [2017]), this dispute regarding the reasonableness of expenses claimed by respondents in an otherwise facially valid notice of lien must be resolved through a foreclosure trial, rather than a summary discharge proceeding (see id. at 50).

Concur—Gische, J.P., Webber, Oing, Singh and Moulton, JJ.

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Bluebook (online)

2017 NY Slip Op 8742, 156 A.D.3d 528, 65 N.Y.S.3d 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-dock-props-llc-department-of-hous-preserv-dev-of-the-city-nyappdiv-2017.

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