Matter of CRP/Extell Parcel I, L.P. v Cuomo

Matter of CRP/Extell Parcel I, L.P. v Cuomo 2012 NY Slip Op 08461 Decided on December 11, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 11, 2012
Andrias, J.P., Friedman, DeGrasse, Manzanet-Daniels, Gische, JJ.
8781 113914/10

[*1]In re CRP/Extell Parcel I, L.P., Petitioner-Appellant,

v

Andrew M. Cuomo, in His Capacity as the Attorney General fo 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.
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.

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 AD3d 555, 556 [1st Dept 2012]). Indeed, the Attorney General properly applied the common [*2]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 AD3d 546, 548 [1st Dept 2009], lv denied 15 NY3d 735 [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 AD2d 598, 599 [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 NY2d 494, 499-501 [1984]).

We have considered petitioner's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 11, 2012

CLERK