SMJ Associates, LLC v. Sendax-Taubenfeld

126 A.D.3d 533, 2 N.Y.S.3d 897

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 17, 2015
• Docket: 14255N 450086/12
• Status: Published

Opinion

Order, Supreme Court, New York County (Anil C. Singh, J.), entered March 7, 2014, which denied plaintiffs motion for a preliminary injunction or a stay of defendant tenant’s proceeding before nonparty State of New York Division of Housing and Community Renewal (DHCR) for a determination of the status of the apartment at issue, unanimously affirmed, without costs.

Plaintiffs motion to enjoin nonparty DHCR from acting on defendant’s petition for a determination of the rent-regulated status of the apartment in plaintiffs building where she has lived since December 1996 was properly denied, as plaintiff failed to establish the necessary elements (see CPLR 6301; Capers v Giuliani, 253 AD2d 630, 633-634 [1st Dept 1998], lv dismissed in part, denied in part 93 NY2d 868 [1999]).

We have considered plaintiffs additional arguments, and find that the motion court providently exercised its discretion and that res judicata does not apply.

Concur — Mazzarelli, J.P., Sweeny, Renwick, Feinman and Kapnick, JJ.