Rezplex, L.L.C. v. New York City Department of Housing Preservation

Judgment (denominated an order), Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered November 26, 2008, denying the petition and dismissing the CPLR article 78 proceeding, reversed, on the law, without costs, and the petition granted.

Denial of petitioner’s protest of the charges and lien imposed for the emergency repair of a condition on its property was arbitrary and capricious, as the record establishes that petitioner never owned the retaining wall in question, nor the property under it, and had no responsibility to maintain or repair the wall. Respondent Department of…