Realty v. Vincent

3 Citing cases

  1. Little West 12th St. Realty v. Vincent Inconiglios

    23 Misc. 3d 28 (N.Y. App. Term 2009)   Cited 2 times

    The order granted respondent's motion for summary judgment dismissing the petition in a holdover summary proceeding. Little W. 12th St. Realty L.P. v Inconiglios, 19 Misc 3d 508, affirmed. Belkin Burden Wenig Goldman, LLP, New York City ( Sherwin Belkin, Joseph Burden, Magda L. Cruz and Amanda L. Nelson of counsel), for appellant.

  2. Nazor v. Sydney Sol Grp.

    2021 N.Y. Slip Op. 31656 (N.Y. Sup. Ct. 2021)   Cited 1 times

    As is relevant here, Multiple Dwelling Law ยง 282 establishes "a special loft unit referred to herein as the 'loft board' ... [that] shall have the following duties: (i) the determination of interim multiple dwelling status and other issues of coverage pursuant to this article ...." As such, the Loft Board has special competence in resolving coverage issues under the Loft Law and has primary jurisdiction over such issues, while the courts have concurrent jurisdiction (see EPDI Assoc. v Conley, 7 AD3d 755, 756 [2d Dept 2004]; Eli Haddad Corp., 102 AD2d at 730; Little W. 12th St. Realty L.P. v Inconiglios, 19 Misc 3d 508, 518 [Civ Ct, NY County 2008], affd 23 Misc 3d 28 [App Term, 1st Dept 2009] [concluding that Housing Court has concurrent jurisdiction with the Loft Board to decide Loft Law coverage issues]). Indeed, "[a]ssuming judicial jurisdiction concurrent with the Loft Board, resort to the courts should be withheld in deference to the Loft Board's expertise" (Matter of Jo-Fra Props., Inc., 27 AD3d 298, 299 [1st Dept 2006], lv denied 8 NY3d 801 [2007]).

  3. Estate of Bikman v. 595 Broadway Assocs.

    2012 N.Y. Slip Op. 31993 (N.Y. Sup. Ct. 2012)   Cited 2 times

    Courts have concurrent jurisdiction with the Loft Board in many particulars. See e.g. O'Flaherty v Schwimmer, 158 Misc 2d 420, 423 (Sup Ct, NY County 1993) ("[a] court of competent jurisdiction has concurrent jurisdiction with the Loft Board to hear issues with respect to the Loft Law ..."); see also Little West 12th Street Realty L.P. v Inconiglios, 19 Misc 3d 508 (Civ Ct, NY County 2008), affd 23 Misc 3d 28 (App Term, 1st Dept 2009). Indeed, it is a general rule that "[u]nless the Legislature has expressed an explicit intention to vest exclusive original jurisdiction in the administrative agency, the court will be held to have concurrent jurisdiction."