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

New York Court of Appeals

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

952 N.E.2d 1075, 17 N.Y.3d 779, 929 N.Y.S.2d 81, 2011 NY Slip Op 5546

New York Court of Appeals·Decided June 28, 2011·No. 214 SSM 23·Published·Cited by 1 cases

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.

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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.

Rezplex, L.L.C. v. New York City Department of Housing Preservation & Development, 952 N.E.2d 1075, 17 N.Y.3d 779, 929 N.Y.S.2d 81, 2011 NY Slip Op 5546 (N.Y. 2011).

Pincite

952 N.E.2d 1075 (Rezplex, L.L.C. v. New York City Department of Housing Preservation & Development) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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