Loza v. Sottile

Full title: VICTOR LOZA, Appellant, v. CARMEL SOTTILE et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 28, 1992

188 A.D.2d 641 (N.Y. App. Div. 1992)

Opinion

December 28, 1992

Appeal from the Supreme Court, Queens County (Lonschein, J.).

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff contends that the dismissal of his cause of action to recover damages was improper, arguing solely that such a cause of action was authorized under section 2524.4 (a) (5) of the Rent Stabilization Code. The code, however, explicitly states that no such cause of action is authorized (see, 9 NYCRR 2524.4 [a] [5]). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.