105th Street Development Corp. v. Commissioner of Department of Health

OPINION OF THE COURT

Michael D. Stallman, J.

This CPLR article 78 proceeding requires interpretation of New York City’s emergency nuisance abatement lien law. Petitioner, a contract vendee of real property, seeks a judgment compelling respondents Commissioners of the Departments of Health and Finance to discharge or cancel City liens imposed on the property for cleaning and pest control during the period 1990 through 1997. Respondents move to dismiss on grounds of standing, untimeliness, and failure to state a cause of action.

Petitioner alleges that it is the contract vendee of property under a…