Opinion
2015-05-05
The CITY OF NEW YORK, Plaintiff–Appellant, v. Abdo M. HASSAN, Defendant–Respondent, Hudson Associates, et al., Defendants.
Zachary W. Carter, Corporation Counsel, New York (Michael J. Pastor of counsel), for appellant. Law Office Of Christopher Lynn, Long Island City, (Christopher Lynn of counsel), for respondent.
Zachary W. Carter, Corporation Counsel, New York (Michael J. Pastor of counsel), for appellant. Law Office Of Christopher Lynn, Long Island City, (Christopher Lynn of counsel), for respondent.
TOM, J.P., ANDRIAS, SAXE, DeGRASSE, KAPNICK, JJ.
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 13, 2013, which, after a hearing, dismissed the City's complaint seeking a permanent injunction and sanctions pursuant to the Nuisance Abatement Law, unanimously reversed, on the law, without costs, the order vacated, and the matter remanded for further proceedings.
Sections 7–706 and 7–707(a) of the Administrative Code of the City of New York provides for a permanent or preliminary injunction to enjoin a public nuisance when the relevant criteria are established. Here, as found by the IAS court, it is undisputed that the City established that, within one year of its action, illegal sales of alcoholic beverages had occurred at defendants' premises on several occasions, in violation of the Alcohol and Beverage Control Law § 123(1)(a). In light of the proof of illegal sales at the premises over an extended period, the City has an “ ‘ongoing right to ensure that [defendants] do not subsequently recommence their illegal activities in the same location’ ” (City of New York v. Ring, 34 A.D.3d 218, 219, 823 N.Y.S.2d 145 [1st Dept.2006], quoting City of New York v. Partnership 91, 277 A.D.2d 164, 164, 716 N.Y.S.2d 659 [1st Dept.2000] and City of New York v. Mor, 261 A.D.2d 185, 187, 690 N.Y.S.2d 33 [1st Dept.1999], appeal dismissed93 N.Y.2d 1041, 697 N.Y.S.2d 569, 719 N.E.2d 930 [1999] ), despite the apparent abatement of the nuisance due to the removal of alcoholic beverages from the premises and the surrender of defendant's liquor license ( see Ring, 34 A.D.3d at 219, 823 N.Y.S.2d 145).