Legal Opinion
300 West 154th Street Realty Co. v. Department of Buildings
New York Court of Appeals
Decided May 28, 1970PublishedCited by 14 opinions
1Opinion of the CourtBreitel, J.
In this article 78 proceeding to declare unconstitutional the Emergency Repair Program of the New York City Department of Health (Administrative Code of City of New York, §§ 564r-15.0 to 564-31.0) only two issues merit discussion. They involve the sufficiency of notice afforded a landlord of an order to abate a nuisance, and the postponement of adjudication of the landlord’s liability for repairs until after his tenants have been ordered to pay their rent to the department to satisfy the repair claims.
The nuisance, a blocked toilet, was located in an apartment at 116 West 139th Street in…
2Cases cited3 opinions
- Goldberg v. KellySupreme Court of the United States · 1970
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Phillips v. CommissionerSupreme Court of the United States · 1931
3Cited by14 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Lane v. City of Mount VernonNew York Court of Appeals · 1976
- Lebowitz v. Forbes Leasing and Finance CorporationDistrict Court, E.D. Pennsylvania · 1971
- Brancato v. City of New YorkDistrict Court, S.D. New York · 2003
- City of New York v. Basil Co.Appellate Division of the Supreme Court of the State of New York · 1992
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