Legal Opinion

Urban Associates v. Hettinger

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

Decided November 21, 1991PublishedCited by 9 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Burton Sherman, J.), entered February 7, 1991, which, to the extent appealed from, granted defendants’ cross motion for summary judgment dismissing the complaint, is unanimously affirmed, without costs.

We agree with IAS that this action for a declaratory judgment is an improper attempt to collaterally attack the determination of the New York State Division of Housing and Community Renewal that the apartment is subject to the Rent Stabilization Code. Plaintiff should have exhausted its administrative remedies with respect to the rent regulated status of…

2Cases cited2 opinions

  1. Hauben v. GoldinAppellate Division of the Supreme Court of the State of New York · 1980
  2. Vanway Overland Express, Inc. v. Department of Housing Preservation & DevelopmentNew York Supreme Court · 1984

3Cited by9 opinions

  1. Draper v. Georgia Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  2. 390 West End Associates v. HarelAppellate Division of the Supreme Court of the State of New York · 2002
  3. Jazilek v. Abart Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  4. 204 Columbia Heights, LLC v. ManheimAppellate Division of the Supreme Court of the State of New York · 2017
  5. Merwest Realty Corp. v. PragerAppellate Terms of the Supreme Court of New York · 1998

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