HPD claim in New York

2004Thus, Manhattan Plaza contends that the HPD rule (28 RCNY 3-02 [p] [former (3)]) allowing an occupant to rebut the presumption created by the failure to have been listed on the annual certification forms is violative of federal law. [FN6] Manhattan Plaza rests its argument on the Court of Appeals decision in Matter of Evans v Franco ( 93 NY2d 823 [1999]).

2004Thus, Manhattan Plaza contends that the HPD rule (28 RCNY 3-02 [p] [former (3)]) allowing an occupant to rebut the presumption created by the failure to have been listed on the annual certification forms is violative of federal law. [FN6] Manhattan Plaza rests its argument on the Court of Appeals decision in Matter of Evans v Franco ( 93 NY2d 823 [1999]).

2020Analysis The referee, in concluding that HPD's claim to the surplus funds was time-barred, relied upon two cases: Allerwan Co. v Hermann ( 262 NY 625 ) and Greenpoint Sav.

2020Bank v Kijik ( 297 AD2d 359 ).

2013(Kocourek v Booz Allen Hamilton Inc., 85 AD3d at 504 ; Jacobson v McNeil Consumer & Specialty Pharms., 68 AD3d at 655 ; Zaid Theatre Corp. v Sona Realty Co., 18 AD3d at 354-355.) Because petitioner presents no new facts in support of her proposed amendments, they cause no surprise that would inhibit HPD’s defense.

2013(Kocourek v Booz Allen Hamilton Inc., 85 AD3d at 504 ; Jacobson v McNeil Consumer & Specialty Pharms., 68 AD3d at 655 ; Zaid Theatre Corp. v Sona Realty Co., 18 AD3d at 354-355.) Because petitioner presents no new facts in support of her proposed amendments, they cause no surprise that would inhibit HPD’s defense.

2006(See Matter of New York Teachers Pension Assn. v Teachers’ Retirement Sys. of City of NY., 71 AD2d 250 [1st Dept 1979] [retired teachers]; Matter of Westchester Rockland Newspapers v Kimball, 50 NY2d 575 [1980] [records of fire department]; American Broadcasting Cos. v Siebert, 110 Misc 2d 744 [Sup Ct, NY County 1981] [licensed check cashers].) HPD’s claim that release of the names “might” reveal the income of applicants is speculative.

2006(See Matter of New York Teachers Pension Assn. v Teachers’ Retirement Sys. of City of NY., 71 AD2d 250 [1st Dept 1979] [retired teachers]; Matter of Westchester Rockland Newspapers v Kimball, 50 NY2d 575 [1980] [records of fire department]; American Broadcasting Cos. v Siebert, 110 Misc 2d 744 [Sup Ct, NY County 1981] [licensed check cashers].) HPD’s claim that release of the names “might” reveal the income of applicants is speculative.

2006(Shapiro v Townan Realty Co., 162 Misc 2d 630 [Civ Ct, NY County 1994]; Amsterdam v Goldstick, 136 Misc 2d 831 [Civ Ct, NY County 1987].) Of course, being a party to the proceeding, any attempt by an owner to challenge an HPD violation will be opposed by HPD.

2006(Shapiro v Townan Realty Co., 162 Misc 2d 630 [Civ Ct, NY County 1994]; Amsterdam v Goldstick, 136 Misc 2d 831 [Civ Ct, NY County 1987].) Of course, being a party to the proceeding, any attempt by an owner to challenge an HPD violation will be opposed by HPD.

2006(Shapiro v Townan Realty Co., 162 Misc 2d 630 [Civ Ct, NY County 1994]; Amsterdam v Goldstick, 136 Misc 2d 831 [Civ Ct, NY County 1987].) Of course, being a party to the proceeding, any attempt by an owner to challenge an HPD violation will be opposed by HPD.

2006(Shapiro v Townan Realty Co., 162 Misc 2d 630 [Civ Ct, NY County 1994]; Amsterdam v Goldstick, 136 Misc 2d 831 [Civ Ct, NY County 1987].) Of course, being a party to the proceeding, any attempt by an owner to challenge an HPD violation will be opposed by HPD.

2006(See Matter of New York Teachers Pension Assn. v Teachers’ Retirement Sys. of City of NY., 71 AD2d 250 [1st Dept 1979] [retired teachers]; Matter of Westchester Rockland Newspapers v Kimball, 50 NY2d 575 [1980] [records of fire department]; American Broadcasting Cos. v Siebert, 110 Misc 2d 744 [Sup Ct, NY County 1981] [licensed check cashers].) HPD’s claim that release of the names “might” reveal the income of applicants is speculative.

2002Plaintiffs’ claims for attorneys’ fees lack the necessary basis in statute, court rule or agreement between the parties (see, Chapel v Mitchell, 84 NY2d 345, 348-349 ; Hooper Assoc. v AGS Computers, 74 NY2d 487, 491 ).

2002Plaintiffs’ claims for attorneys’ fees lack the necessary basis in statute, court rule or agreement between the parties (see, Chapel v Mitchell, 84 NY2d 345, 348-349 ; Hooper Assoc. v AGS Computers, 74 NY2d 487, 491 ).

2002The motion court erred in denying third-party defendant HPD’s motion for summary judgment dismissing the third-party complaint, since the original plaintiffs failed to state a cause of action (see, CPLR 1008; Prigent v Friedman, 264 AD2d 568, 569 ; Weitzner v New York City Dept. of Social Servs., 212 AD2d 414 ).

2002The motion court erred in denying third-party defendant HPD’s motion for summary judgment dismissing the third-party complaint, since the original plaintiffs failed to state a cause of action (see, CPLR 1008; Prigent v Friedman, 264 AD2d 568, 569 ; Weitzner v New York City Dept. of Social Servs., 212 AD2d 414 ).