Opinion
2012-12-11
In re CRP/EXTELL PARCEL I, L.P., Petitioner–Appellant, v. Andrew M. CUOMO, in His Capacity as the Attorney General of the State of New York, et al., Respondents–Respondents.
Boies, Schiller & Flexner LLP, Armonk (Edward J. Normand of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York (Lewis A. Polishook of counsel), for attorney general, respondent.
Boies, Schiller & Flexner LLP, Armonk (Edward J. Normand of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York (Lewis A. Polishook of counsel), for attorney general, respondent.
Cohen & Coleman, LLP, New York (John A. Coleman, Jr., of counsel), for 3to4, LLC; Parker Bagley and Julie Baker; Bincube Partners; BRSP Realty, LLC; Christopher A. Chang and Maria Wu; Ona Colasante; Melinda Everett and Gerard Milligan; Jessica Faieta; Max Gilani; Kenneth Goodman and Andrea Economos; Kenneth Goodman and Lydia Goodman; Gary Huang and Evelyn Huang; Janice Huff–Dowdy and Warren Dowdy; Gyoo Gwan Kim and Su Jin Kim; Kyung Kim and Henry Myunghwan Kim; Melissa Ko and S. Douglas Hahn; Gail S. Landis and R. Victor Bernstein; Benjamin W. Lau and Judith T. Lau; Gregory Lee; Seung Moh Lee; Haley Lieberman Binn; Diane Lieberman and Lisa Ginsburg; Albert L. Marino and Beth F. Hinnen; Alan Meyers and Evelyn Meyers; Trevor Moran; Marla C. Muns and Kimberly McNesse; Mitchell E. Newman; Hyun Kyu Park and Doja Song; Shirley Romig and Nicholas Romig; Pauline Shender and Alex Shender; Han Soon Yom; and Pil Yoon and Young Yoon, respondents.
Woods Lonergan, LLP, New York (James F. Woods of counsel), for Lola Gusman, respondent.
Derryl Zimmerman, Bronx, for Mark Chu and Nancy Chan, respondents.
ANDRIAS, J.P., FRIEDMAN, DeGRASSE, MANZANET–DANIELS, GISCHE, JJ.
Order and judgment (one paper), Supreme Court, New York County (Anil C. Singh, J.), entered January 25, 2012, which, among other things, denied the petition to annul the determinations of respondent Attorney General, directed the release and return of down payments made by respondent purchasers in connection with purchase agreements for condominium units, and dismissed this hybrid CPLR article 78 proceeding/reformation action, unanimously affirmed, without costs.
The Attorney General's determinations were not affected by an error of law or arbitrary and capricious (CPLR 7803[3]; see Matter of Madison Park Owner LLC v. Schneiderman, 93 A.D.3d 555, 556, 940 N.Y.S.2d 605 [1st Dept.2012] ). Indeed, the Attorney General properly applied the common law in denying petitioner's claim for contract reformation based on an alleged scrivener's error ( see e.g. Stonebridge Capital, LLC v. Nomura Intl. PLC, 68 A.D.3d 546, 548, 891 N.Y.S.2d 56 [1st Dept.2009], lv. denied15 N.Y.3d 735, 905 N.Y.S.2d 801, 931 N.E.2d 1057 [2010] ).
The court properly denied discovery in connection with the CPLR article 78 proceeding, as the material petitioner sought to be discovered is neither material nor necessary to assess whether the Attorney General's determinations were affected by an error of law or arbitrary and capricious ( see Matter of Levine v. Board of Estimate of City of N.Y., 143 A.D.2d 598, 599, 533 N.Y.S.2d 280 [1st Dept.1988] ). Nor was discovery required in connection with the claim for reformation, as the court properly dismissed the claim on the ground of collateral estoppel. Indeed, collateral estoppel bars petitioner from litigating the claim, as it was fully litigated before and decided by the Attorney General ( see Ryan v. New York Tel. Co., 62 N.Y.2d 494, 499–501, 478 N.Y.S.2d 823, 467 N.E.2d 487 [1984] ).
We have considered petitioner's remaining arguments and find them unavailing.