New York City Department of Housing Preservation & Development v. Outram

OPINION OF THE COURT

Memorandum.

Order affirmed without costs and without prejudice to appellant renewing said motion in the court below upon proper papers if he be so advised.

Petitioner commenced an "HP” proceeding against the respondent-appellant seeking the correction of various violations in a building that he owned. While that proceeding was pending, another "HP” proceeding was commenced, this one bearing index number HP 312/91. Respondent-appellant entered into a consent order dated September 5, 1991, in which he agreed to provide heat and hot water to the building in question. When…