KELLY ANN JUNIOR v. CITY OF NEW YORK

102435/12-6579.

146 A.D.3d 646 (2017)

2017 NY Slip Op 00437

49 N.Y.S.3d 8

KELLY ANN JUNIOR et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 24, 2017.


Following the reasoning of the Federal District Court in its dismissal of plaintiff's federal due process claim (see Junior v City of New York, 2013 WL 646464, 2013 US Dist LEXIS 10702 [SD NY, Jan. 18, 2013, No. 12 Civ 3846(PAC)]), Supreme Court correctly held that defendant Housing Preservation and Development Corp. (HPD) did not violate plaintiffs' due process rights under the State Constitution. As plaintiffs do not dispute that HPD properly calculated their rent...

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