Rosillo v. New York City Loft Board

—Order and judgment (one paper), Supreme Court, New York County (Richard Lowe, III, J.), entered February 9, 1998, which, in a CPLR article 78 proceeding by petitioner tenant challenging respondent Loft Board’s determination of rent for the subject apartment as barred by a prior order of the Division of Housing and Community Renewal (DHCR) determining the rent, granted cross motions by the Loft Board and respondent landlord to dismiss the petition for failure to state a cause of action, and dismissed the petition, unanimously affirmed, without costs.

The petition was properly dismissed on the…