Mitrofanis v. Smith

OPINION OF THE COURT

Harold Baer, Jr., J.

Petitioner seeks in this CPLR article 78 proceeding to compel respondent Commissioner of the New York City Department of Buildings to declare the building owned by respondent Ninth Street New York Associates (Ninth Street Associates), at 105 East 9th Street, New York, New York, to be unsafe, to issue an order requiring the occupants of the building to vacate it, and to issue an order to demolish the building. Respondent Commissioner cross-moves to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7) and for failure to exhaust…