83-85 Baxter St., LLC v. Bin Cai

OPINION OF THE COURT

Order dated July 31, 2014, affirmed, with $10 costs.

In the particular circumstances of this case, Civil Court properly declined to give preclusive effect to the short form order, dated March 19, 2014, of the Division of Housing and Community Renewal (DHCR), denying respondent’s succession claim.

The DHCR proceeding was commenced by respondent, while unrepresented, one month prior to the commencement of this licensee holdover proceeding. Respondent interposed and is vigorously litigating a succession defense in this proceeding, and produced, in response to petitioner’s…