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Department of Hous. Preserv. v 154 St. Holding Co. LLC
2005 NY Slip Op 51954(U) [10 Misc 3d 130(A)]
Decided on December 1, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 1, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DECEMBER 1, 2005 November 2004 Term Suarez, P.J., Davis, Gangel-Jacob, JJ.


Department of Housing Preservation N.Y. County Clerk's and Development of the City of New #570409/05 York, Petitioner-Respondent, Calendar. No. 04-350

against

154 Street Holding Co. LLC, Uzi Evron and Percy Forbs, Respondents-Appellants.


Respondents-appellants appeal from an order of the Civil Court, New York County (Kevin C. McClanahan, J.), dated May 26, 2004, which granted petitioner partial summary judgment on the enforcement petition and dismissed respondents' affirmative defense of lack of personal jurisdiction, and denied respondents' cross motion for sanctions.


PER CURIAM:

Order (Kevin C. McClanahan, J.), dated May 26, 2004, modified to deny petitioner partial summary judgment on the enforcement petition; as modified, order affirmed, without costs.

Respondents were served with proper notice of the violations when petitioner affixed these notices in conspicuous areas at the premises (see DHPD v De Bona, 101 AD2d 875 [1984]). On the merits, respondents' liability for civil penalties was not conclusively established on this thin record, which includes a written stipulation executed by one of the building tenants attesting to the restoral of heat and hot water during the relevant time period.

This constitutes the decision and order of the court.
Decision Date: December 01, 2005