Legal Opinion
Nasaw v. Jemrock Realty Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1996PublishedCited by 4 opinions
1Opinion of the Court
We agree with the IAS Court that under the doctrine of primary jurisdiction (see, Capital Tel. Co. v Pattersonville Tel. Co., *38656 NY2d 11, 22), court action in this landlord-tenant dispute should be postponed until a final determination is made by the agency which possesses the special competence to deal with the issues raised. We also agree that the action was properly stayed rather than dismissed. Pursuant to the Rent Stabilization Law of 1969 (Administrative Code of City of NY, tit 26, ch 4), DHCR does not possess exclusive jurisdiction with respect to the maintenance of services (see,…
2Cases cited2 opinions
- Capital Telephone Co. v. Pattersonville Telephone Co.New York Court of Appeals · 1982
- Bartley v. WalentasAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by4 opinions
- 150 Greenway Terrace, LLC v. GoleAppellate Division of the Supreme Court of the State of New York · 2007
- Vazquez v. SichelNew York Supreme Court · 2005
- Wilcox v. Pinewood Apt. Assoc., Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Wilcox v. Pinewood Apt. Assoc., Inc.Appellate Division of the Supreme Court of the State of New York · 2012