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Gonzales v. Zinner

Appellate Term of the Supreme Court of New York, First Department
Dec 1, 2010
2010 N.Y. Slip Op. 52072 (N.Y. App. Term 2010)

Opinion

570261/07.

Decided December 1, 2010.

Intervenors Esquire Group Estates, LLC, and Vintage Ventures, LLC, appeal from an order of the Civil Court of the City of New York, New York County (David B. Cohen, J.), dated September 30, 2009, which granted the motion of respondent Department of Housing Preservation and Development of the City of New York (DHPD) to clarify a provision of an order of the same court (Pam B. Jackman-Brown, J.), dated December 21, 2007, that DHPD has the authority to issue loans to the RPAPL article 7-A administrator for repair of the subject buildings and to place liens against these properties related to the loans without prior court approval for each such DHPD loan.

PRESENT: Hunter, Jr., J.P., McKeon, Shulman, JJ.


Order (David B. Cohen, J.), dated September 30, 2009, affirmed, with $10 costs.

We affirm the order on appeal largely for the reasons stated by David B. Cohen, J. at Civil Court ( see generally Rosenbaum v City of New York, 96 NY2d 468). We note that Civil Court properly interpreted and clarified the prior order of that court, giving effect to each of the relevant provisions of that order, as well as the terms of the applicable statute ( see RPAPL § 778) to which the order referred.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Gonzales v. Zinner

Appellate Term of the Supreme Court of New York, First Department
Dec 1, 2010
2010 N.Y. Slip Op. 52072 (N.Y. App. Term 2010)
Case details for

Gonzales v. Zinner

Case Details

Full title:MARIA GONZALES and ALVARO GONZALES and other tenants of 235 West 146th…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 1, 2010

Citations

2010 N.Y. Slip Op. 52072 (N.Y. App. Term 2010)