Legal Opinion · Concurrence

Sohn v. Calderon

Appellate Division of the Supreme Court of the State of New York

Decided June 26, 1990Published

1ConcurrenceRubin, J.

Based upon the prior rulings in this matter, which constitute law of the case, I am constrained to concur in the result. However, it should be noted that the issues raised upon this appeal regarding the valuation of the property and the costs of removing violations at the premises are complex and require for their resolution the particular technical expertise of the Division of Housing and Community Renewal. Therefore, *333under the doctrine of primary jurisdiction, they should not have been entertained by the courts in the first instance (compare, People v Port Distrib. Corp., 114 AD2d 259, 265;…

2Cases cited4 opinions

  1. Capital Telephone Co. v. Pattersonville Telephone Co.New York Court of Appeals · 1982
  2. Eli Haddad Corp. v. Cal Redmond StudioAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. Port Distributing Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Raynes Associates Ltd. Partnership v. State Division of Housing & Community RenewalNew York Supreme Court · 1988

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