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Clearview Gardens Corp. v. Volpicelli

Citations: 213 A.D.2d 582; 624 N.Y.S.2d 930; 1995 N.Y. App. Div. LEXIS 3223

Court: Appellate Division of the Supreme Court of the State of New York; March 26, 1995; New York; State Appellate Court

Narrative Opinion Summary

In a legal action seeking a judgment that the Administrative Code of the City of New York § 27-2009.1 does not apply to a specific residential cooperative, the plaintiff's appeal follows an order and judgment from the Supreme Court, Queens County, which was issued on August 17, 1993. The court denied the plaintiff's motion for summary judgment and determined that the Administrative Code § 27-2009.1 is applicable to the cooperative in this case. The appellate court affirmed the lower court's order and judgment, with costs awarded. The decision was concurred by Justices Bracken, Rosenblatt, Lawrence, Krausman, and Goldstein.

Legal Issues Addressed

Appellate Review of Summary Judgment Denial

Application: The appellate court reviewed and upheld the lower court's decision to deny the plaintiff's motion for summary judgment.

Reasoning: The appellate court affirmed the lower court's order and judgment, with costs awarded.

Applicability of Administrative Code § 27-2009.1

Application: The court determined that the Administrative Code § 27-2009.1 is applicable to the residential cooperative in question.

Reasoning: The court denied the plaintiff's motion for summary judgment and determined that the Administrative Code § 27-2009.1 is applicable to the cooperative in this case.