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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

People ex rel. Higgins v. Peranzo, 179 A.D.2d 871 (1992)

Citation
People ex rel. Higgins v. Peranzo, 179 A.D.2d 871 (1992)
Parent Document
People ex rel. Higgins v. Peranzo, 179 A.D.2d 871 (1992)
Jurisdiction
New York (state)
Effective Date
1992-01-16

Full Text

1,281 chars
We reject respondents’ contention that Supreme Court erred in finding them guilty of violating Real Property Law § 233 (g) (3), (l) and (m) without an evidentiary hearing. CPLR 409 (b) empowers Supreme Court in a special proceeding "to make summary determinations upon the pleadings, papers and admissions to the extent that no triable issues of fact exist” (People ex rel. Higgins v Leier, 164 AD2d 492, 496). Here, in examining the affidavit and papers submitted by respondents, it is apparent that Supreme Court did not err with respect to these three charged violations. Respondents admitted in their answer that they gave the tenants less than 90 days’ notice of a projected rent increase (see, Real Property Law § 233 [g] [3]). Similarly, respondents do not deny that they did not have a designated agent in close proximity to their mobile home park in April and May 1989 to handle emergencies as required by Real Property Law § 233 (l). They state only in an affidavit that they allegedly have presently hired such an agent for their park. Such a statement cannot be viewed as a denial of the tenants’ attested fact that there was no designated agent available to them in April and May 1989, and Supreme Court was justified in finding no triable issue of fact on this issue.