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

CourtNew York Court of Appeals

DecidedJune 28, 2011

Docket214 SSM 23

StatusPublished

Cited by1 cases

This text of 952 N.E.2d 1075 (Rezplex, L.L.C. v. New York City Department of Housing Preservation & Development) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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

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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