22 Irving Place Corp. v. 30 Irving LLC

OPINION OF THE COURT

David Benjamin Cohen, J.

It is decided that plaintiff’s motion for an injunction pursuant to RPAPL 871 or in the alternative to convert this matter to an RPAPL 881 license case is denied and defendant’s motion to dismiss is granted. The facts are not in dispute. Defendant* owns/controls the building located at 30 Irving Place. Defendant was issued several New York City Department of Buildings violations for issues relating to 30 Irving Place’s exterior facade. Defendant obtained permits to perform the corrections and was also issued permits to erect scaffolding, known as a…