Chinatown Apts. Inc. v Cheung Wong Chow

[*1] Chinatown Apts. Inc. v Cheung Wong Chow 2007 NY Slip Op 51248(U) [16 Misc 3d 127(A)] Decided on June 21, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
570009/07.

Chinatown Apartments Inc., Petitioner-Landlord-Respondent,

against

Cheung Wong Chow and Susan Chow, Respondents-Appellants, -and- Mi Mi Chow, Yun Li Chow and Raymond Chow, Respondents.

Respondents Cheung Wong Chow and Susan Chow appeal from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered on or about November 8, 2006, which, upon a prior order granting petitioner's motion for summary judgment, awarded petitioner possession in a holdover summary proceeding.

Per Curiam.

Final judgment (Jean T. Schneider, J.), entered on or about November 8, 2006, affirmed, without costs.

The Department of Housing Preservation and Development is vested with exclusive jurisdiction to determine remaining family-member claims in city-aided
Mitchell-Lama housing and its issuance of a certificate of eviction cannot be collaterally attacked in a subsequent summary proceeding (see Bedford Gardens Co., LP v Jacobowitz, 29 AD3d 501 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT. [*2]
Decision Date: June 21, 2007