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Department of Housing Preservation & Development v. Mill River Realty, Inc.

82 N.Y.2d 794 Court N.Y. Decision date 1993-10-21 English

Contents

Majority

p. 794
[624 NE2d 690, 604 NYS2d 552]
Department of Housing Preservation and Development of the City of New York, Respondent, v Mill River
p. 795
Realty, Inc., et al., Respondents, and 352 Cathedral Equities, Inc., et al., Appellants, and Kenneth Foo, Administrator-Respondent.
Argued October 6, 1993;
decided October 21, 1993
p. 798
APPEARANCES OF COUNSEL
Fischbein, Badillo, Wagner, Itzler, New York City (Clifford A. Entes and Kenneth G. Schwarz of counsel), for appellants.
O. Peter Sherwood, Corporation Counsel of New York City (Timothy J. OShaughnessy and Kristin M. Helmers) for Department of Housing Preservation and Development of the City of New York, respondent.
Kellner, Chehebar & Deveney, New York City (Douglas A. Kellner of counsel), for Kenneth Foo, Article 7-A Administrator, respondent.

OPINION OF THE COURT

Appeal, by respondents from that portion of the Appellate Division order which reinstated the Civil Court order entered June 30, 1988, dismissed, without costs, and certified question, insofar as it pertains to that portion of the Appellate Division order, not answered upon the ground that the issues presented on that part of the appeal have become moot. Order, insofar as it reinstated the Civil Court order entered August 30, 1988, affirmed, with costs, and certified question, to the extent it pertains to that part of the Appellate Division order, answered in the affirmative, for reasons stated in so much of the

p. 799
Appellate Division memorandum ( 169 AD2d 665 ) as relates to the contempt against respondents.

Concur: Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Levine. Taking no part: Judge Smith.

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