Sohn v. Calderon
New York Court of Appeals
78 N.Y.2d 755, 579 N.Y.S.2d 940, 587 N.E.2d 807 (1991)
- Written by Steven Pacht, JD
Facts
Pinky Sohn (plaintiff) owned a building in New York City. Most of the building’s 139 apartments were subject to New York’s rent-control or rent-stabilization laws (collectively, rent laws). After the building suffered significant fire damage, Sohn brought an action against the building’s tenants, including Lucretia Calderon, and the New York City Department of Housing Preservation and Development (HPD) (collectively, defendants) in the supreme court, seeking a declaration that the rent laws permitted Sohn to demolish the building, evict the rent-controlled tenants, and decline to offer renewal leases to the rent-stabilized tenants. The supreme court granted the requested declaration. The appellate division affirmed but granted the tenants and the HPD leave to appeal. The tenants and the HPD appealed, arguing that the supreme court did not have original jurisdiction to decide Sohn’s request because the Division of Housing and Community Renewal (DHCR) had exclusive original jurisdiction regarding such requests.
Rule of Law
Issue
Holding and Reasoning (Titone, J.)
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