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Kips Bay Towers, Inc. v. Armstrong

85 Misc. 2d 342 Court Supreme Court, Appellate Term, First Department, Decision date 1975-12-15 English

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p. 342
Kips Bay Towers, Inc., by Mehlman Management Corp., Agent, Appellant, v Evelyn Armstrong, Respondent.
Supreme Court, Appellate Term, First Department,
December 15, 1975
p. 343
Weintraub, Gold & Alper for appellant. Brashich, Finley & Postel (Robert I. Postel of counsel), for respondent. Joseph B. Goldman, Ellis S. Franke and William E. Rosen for New York City Conciliation and Appeals Board, amicus curiae.

We have also reviewed the order of the court below dated August 25, 1975, granting reargument and adhering to its original decision (CPLR 5517). We agree with the reasoning of Kassal, J., in his decisions, and find no merit to appellant’s arguments that the Housing Part lacked jurisdiction to construe the applicable Code provisions prior to their construction by the Conciliation and Appeals Board and that consequently this summary proceeding should have been stayed.

Appeal from order (entered May 16, 1975) dismissed as moot. Order, dated August 25, 1975, affirmed, with $10 costs.

Concur: Frank, J. P., Hughes and Fine, JJ.