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Singh v. City of New York Division of Housing Preservation and Development

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 17, 2009

IQBAL SINGH, PLAINTIFF-APPELLANT,
v.
THE CITY OF NEW YORK DIVISION OF HOUSING PRESERVATION AND DEVELOPMENT, DEFENDANT-RESPONDENT.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered August 5, 2008, which, to the extent appealable, denied plaintiff's motion for renewal of a prior order that had denied his motion for partial summary judgment for $500,000 in damages, and granted defendant's cross motion to dismiss the complaint, unanimously affirmed, without costs.

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.

Friedman, J.P., Nardelli, Catterson, DeGrasse, JJ.

1185/06

The pro se plaintiff landlord had stipulated in 2005 to the appointment of an Article 7-A administrator (RPAPL 778) to remedy dangerous conditions existing at the 1072 Findlay Avenue premises in the Bronx. Plaintiff's third effort, in June 2008, to have this administrator removed was barred by collateral estoppel (see Parker v Blauvelt Volunteer Fire Co., 93 NY2d 343 [1999]).

In moving for reconsideration, plaintiff failed to demonstrate new or additional facts warranting renewal.

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

20090317

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