Blackgold Realty Corp. v. Milne
| Decision Date | 08 January 1987 |
| Citation | 512 N.Y.S.2d 25,69 N.Y.2d 719 |
| Parties | , 504 N.E.2d 392 In the Matter of BLACKGOLD REALTY CORP., Appellant, v. Robert S. MILNE, Respondent. (And Two Other Proceedings.) |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 119 A.D.2d 512, 501 N.Y.S.2d 44, which affirmed the dismissal of the landlord's petitions for summary eviction and recovery of unpaid rent, should be affirmed, with costs.
The landlord's petitions must be dismissed because they were jurisdictionally defective (see, Multiple Dwelling Law § 325; Administrative Code of City of New York § D26-41.21 22 NYCRR 2900.21). Inasmuch as the landlord failed to allege compliance with the Loft Law's "owner obligations" (see, Multiple Dwelling Law § 284), it is not entitled to rely on the Loft Law's statutory exemption from the jurisdictional predicate of multiple dwelling registration (see, Multiple Dwelling Law § 285). Consequently, we do not reach the landlord's claim that its building is an "interim multiple dwelling" protected by the Loft Law, or its contention that the Loft Law may be applied to rent-controlled buildings.
BELLACOSA, J., taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
To continue reading
Request your trial
-
Biondi v. Beekman Hill House Apartment Corp.
...and evidentiary matter submitted." (Blackgold Realty Corp. v. Milne, 119 A.D.2d 512, 513, 501 N.Y.S.2d 44, affd. 69 N.Y.2d 719, 512 N.Y.S.2d 25, 504 N.E.2d 392.) "[A]llegations consisting of bare legal conclusions, as well as factual claims either inherently incredible or flatly contradicte......
-
Oelbermann Associates Ltd. Partnership v. Borov
...defective (see Cobra Resources, Inc. v. Dumpl, Inc., supra, 138 Misc.2d 91, 522 N.Y.S.2d 433; Matter of Blackgold Realty Corp. v. Milne, 69 N.Y.2d 719, 512 N.Y.S.2d 25, 504 N.E.2d 392). However, under the undisputed facts respondent would qualify for "coverage" pursuant to the chapter 466 a......
-
Jo-Fra Properties, Inc. v. Bobbe
...affd. 126 Misc.2d 721, 490 N.Y.S.2d 1022 [App. Term, 1st Dept. 1984], affd. 119 A.D.2d 512, 501 N.Y.S.2d 44 [1st Dept. 1986], affd. 69 N.Y.2d 719, 512 N.Y.S.2d 25, 504 N.E.2d 392 [1987] ). With the enactment of the Loft Law in 1982 (L. 1982 ch. 349), owners of interim multiple dwellings wer......
-
Dom Ben Realty Corp. v. N.Y.C. Loft Bd., 2016–04682
...with the Multiple Dwelling Law and various building codes" ( Blackgold Realty Corp. v. Milne, 119 A.D.2d 512, 515, 501 N.Y.S.2d 44, affd 69 N.Y.2d 719, 512 N.Y.S.2d 25, 504 N.E.2d 392 ). The Loft Law was created to regulate the conversion of industrial, manufacturing, and commercial space i......