New York Supreme and/or Appellate Courts Appellate Division, First Department
December 27, 2012
WILLIAM DUGAN, ET AL., PLAINTIFFS-RESPONDENTS,
LONDON TERRACE GARDENS, L.P., DEFENDANT-APPELLANT. JAMES DOERR, ETC.,
LONDON TERRACE GARDENS, L.P., DEFENDANT-APPELLANT.
Dugan v London Terrace Gardens, L.P.
Decided on December 27, 2012
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.
Mazzarelli, J.P., Moskowitz, DeGrasse, Manzanet-Daniels, Clark, JJ.
Order, Supreme Court, New York County (Lucy Billings, J.), entered June 21, 2011, which denied defendant's motion to dismiss these actions on the ground of primary jurisdiction or stay them pending resolution by the New York State Division of Housing and Community Renewal (DHCR), unanimously affirmed, with costs.
Supreme Court properly declined to cede primary jurisdiction of these actions to DHCR, since the actions raise legal issues, including class certification and applicable limitations periods, that should be addressed in the first instance by the courts (Gerard v Claremont York Assocs., LLC, 81 AD3d 497 [1st Dept 2011]; see Staatsburg Water Co. v Staatsburg Fire Dist., 72 NY2d 147, 156 ; Roberts v Tishman Speyer Props., L.P., 13 NY3d 270, 287 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: DECEMBER 27, 2012
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