(part B of Civil Court of the City of New York, New York County) shall mutually
arrange.
The parties are directed to pick up their exhibits within thirty days of the opening of
the Courthouse to the public or they will either be sent to the parties or destroyed at the
Court's discretion in compliance with DRP-185.
This constitutes the decision and order of this Court.
Dated: New York, New York
May 6, 2020
________________________________
HON. JACK STOLLER
J.H.C.
Footnotes
Footnote 1:A class "A" violation is
"non-hazardous" pursuant to N.Y.C. Admin. Code §27-2115(c)(1); class "B"
violation is "hazardous" pursuant to N.Y.C. Admin. Code §27-2115(c)(2); and a
class "C" violation is "immediately hazardous" pursuant to N.Y.C. Admin. Code
§27-2115(c)(3). Notre
Dame Leasing LLC v. Rosario, 2 NY3d 459, 463 n.1 (2004).
Footnote 2:A leader, in this context,
is a pipe that drains water down from a roof.
Footnote 3:Some approvals of
permit applications require a certificate from HPD pursuant to N.Y.C. Admin. Code
§27-2093.1, a CONH, that an owner has not harassed any tenant of the subject
building in the prior 60 months.
Footnote 4:Respondents, as well as
various authorities cited here, also cite in support of this proposition Bernard v.
Scharf, 246 AD2d 171 (1st Dept. 1998). However, the Court of Appeals reversed
and remitted the matter for dismissal on the grounds of mootness, Bernard v.
Scharf, 93 NY2d 842 (1999), which has the effect of depriving the decision of
precedential value. Hearst Corp. v. Clyne, 50 NY2d 707, 718 (1980).
Footnote 5:Respondents' expert
testified on December 9, 2019.
Footnote 6:Be that as it may, Courts
have cited the Takings Clause in support of an economic infeasibility defense.
See, e.g., 289 Grand St. v. Wong's Grand Realty Corp., 2012