Matter of Mechanical Contrs. Assn. of N.Y. v. New York City Dept. of Bldgs.

Appellate Division of the Supreme Court of New York

Matter of Mechanical Contrs. Assn. of N.Y. v. New York City Dept. of Bldgs.

128 A.D.3d 565, 8 N.Y.S.3d 565

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

DecidedMay 21, 2015

Docket15184 100993/13

StatusPublished

Cited by1 cases

This text of 128 A.D.3d 565 (Matter of Mechanical Contrs. Assn. of N.Y. v. New York City Dept. of Bldgs.) 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.

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Matter of Mechanical Contrs. Assn. of N.Y. v. New York City Dept. of Bldgs., 128 A.D.3d 565, 8 N.Y.S.3d 565 (N.Y. Ct. App. 2015).

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Opinion

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 20, 2013, which denied the petition seeking to annul respondent agency’s April 9, 2013 determination that the Administrative Code of the City of New York’s requirements that certain plumbing and fire suppression work be performed only by, or under the direct and continuing supervision of, a licensed master plumber and licensed master fire suppression piping contractor, respectively, do not apply to off-site, factory-based assembly of modular construction units, unanimously affirmed, without costs.

*566 The Department of Building’s determination that “modular . . . assembly performed at a location other than the jobsite is not plumbing or fire suppression work as . . . defined in the Administrative Code and that those terms do not apply to work done offsite prior to its incorporation into a building or jobsite,” is rationally based, is not arbitrary and capricious, and is entitled to deference (see Matter of Feigenbaum v Silva, 274 AD2d 132, 136-137 [1st Dept 2000]; see also Matter of Excellus Health Plan v Serio, 2 NY3d 166, 171 [2004]; Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451, 459 [1980]). A modular construction unit is not of the same kind or class as the noninclusive list of examples of a “structure” provided for in New York City Construction Code (Administrative Code of City of NY) § 28-101.5 (see e.g. 242-44 E. 77th St., LLC v Greater N.Y. Mut. Ins. Co., 31 AD3d 100, 103-104 [1st Dept 2006]). Concur— Tom, J.P., Friedman, DeGrasse, Richter and Kapnick, JJ.

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Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 20, 2013, which denied the petition seeking to annul respondent agency’s April 9, 2013 determination that the Administrative Code of the City of New York’s requirements that certain plumbing and fire suppression work be performed only by, or under the direct and continuing supervision of, a licensed master plumber and licensed master fire suppression piping contractor, respectively, do not apply to off-site, factory-based assembly of modular construction units, unanimously affirmed, without costs.

*566 The Department of Building’s determination that “modular . . . assembly performed at a location other than the jobsite is not plumbing or fire suppression work as . . . defined in the Administrative Code and that those terms do not apply to work done offsite prior to its incorporation into a building or jobsite,” is rationally based, is not arbitrary and capricious, and is entitled to deference (see Matter of Feigenbaum v Silva, 274 AD2d 132, 136-137 [1st Dept 2000]; see also Matter of Excellus Health Plan v Serio, 2 NY3d 166, 171 [2004]; Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451, 459 [1980]). A modular construction unit is not of the same kind or class as the noninclusive list of examples of a “structure” provided for in New York City Construction Code (Administrative Code of City of NY) § 28-101.5 (see e.g. 242-44 E. 77th St., LLC v Greater N.Y. Mut. Ins. Co., 31 AD3d 100, 103-104 [1st Dept 2006]). Concur— Tom, J.P., Friedman, DeGrasse, Richter and Kapnick, JJ.

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128 A.D.3d 565, 8 N.Y.S.3d 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-mechanical-contrs-assn-of-ny-v-new-york-city-dept-of-bldgs-nyappdiv-2015.

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