Frankel v 71st St. Lexington Corp.

[*1] Frankel v 71st St. Lexington Corp. 2015 NY Slip Op 50264(U) Decided on March 4, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 4, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
570015/15

Eric Frankel, individually and as Executor of the Estate of Gloria Frankel, deceased, Petitioner-Appellant,

against

71st Street Lexington Corporation, Sanford Potters and Suzanne Potters, Respondents-Respondents, - and - Department of Housing Preservation and Development of the City of New York, Respondent.

Petitioner appeals from those portions of an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), dated March 15, 2013, which denied his motion for leave to conduct discovery and granted respondents' cross motions for summary judgment dismissing the petition in a Housing Part enforcement proceeding.

Per Curiam.

Order (Peter M. Wendt, J.), dated March 15, 2013, affirmed, with $10 costs, for the reasons stated by Peter M. Wendt, J. at Civil Court.

We sustain the dismissal of this January 2012 Housing Part enforcement proceeding, where the record evidence, including inspection reports prepared by two municipal agencies, established beyond cavil that there are no existing record violations in connection with petitioner's apartment, and as relevant herein, "no excessive or unreasonable noise."

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: March 04, 2015